HomeMy WebLinkAbout2022-04-12 - Agendas - FinalCITY OF
9im FAYETTEVILLE
4VARKANSAS
MEETING AGENDA
Water, Sewer, and Solid Waste Committee
12 April 2022
5:30 P.M.
(Or immediately following City Council Agenda Session)
This is a Virtual Meeting
Committee: Council Member Teresa Turk, Council Member Sloan Scroggin, Council Member
D'Andre Jones, Council Member Mike Wiederkehr
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, Anna White, Prabha Kumar, Rupa Jha, Giovanna Rivera Montoya
From: Tim Nyander, Utilities Director
CALL TO ORDER
ROLL CALL
UPDATES
OLD BUSINESS:
1. Rate Study Presentation — Black & Veatch
Per the Committee's request, Black & Veatch will present additional rate study information on
rate structure options, rate schedules, implications on water conservation, and the typical bill
impact.
2. Biosolids Drying Update
The Committee will be given an update on the progress of installing drying as a service,
including the formal agreement for drying, and the estimated up -front costs to be borne by the
City of Fayetteville.
NEW BUSINESS:
3. Bid Results on Skyler Place Subdivision Water Service Connections Replacement
This project will remove and replace HDPE water service lines that frequently leak and
require repairs in W. Skyler Dr., N. Willowbrook Dr., and N. Evening Shade Dr. The lines will
be replaced with copper meeting current city specifications which should drastically reduce
leaks and maintenance in this neighborhood. This project will replace 57 Service lines,
serving approximately 114 residential units.
On April 5, 2022, the City of Fayetteville accepted sealed competitive bids for the Skyler
Subdivision Water Service Line Replacement project. Goodwin & Goodwin, Inc. submitted
the lowest bid. All bids are shown here:
Goodwin & Goodwin, Inc. $603,630.00
Goins Enterprises, Inc. $779,770.00
Staff recommends awarding Bid #22-26 and approving a construction contract with Goodwin
& Goodwin, Inc. in the amount of $603,630.00 for removal and replacement of water service
lines in the Skyler subdivision.
STAFF REQUESTS THIS BE FORWARDED TO THE CITY COUNCIL FOR
CONSIDERATION FOR
4. Act 605 for Retail Water Providers and the Training Requirements
Act 605 of the General Assembly provides oversight of retail water providers and is primarily
handled by the Arkansas Natural Resources Commission and the Department of Health.
One of the requirements of the Act is that within one year of appointment, a majority of the
members of a provider board shall receive a minimum of 8 hours training. If the majority of
the members of a provider board do not receive the required training the provider may be
subject to the conditions of Fiscal Distress.
INFORMATION ONLY
5. Township Tank Agreement with Verizon Wireless
The City of Fayetteville entered into a Tower Attachment Lease Agreement dated
October 26, 1994, to allow Verizon to attach communications equipment on the current
Township water tank located at 1044 East Township Street. The City's contractor will finish
construction on the new Township water tank by the end of 2022. Verizon is requesting a
new agreement to place communications equipment on the new Township water tank.
City staff negotiated a fair market rental price of $3,000.00 per month. The new agreement
will have a 10% increase per 5-year renewal term. The $3,000 monthly payments from
Verizon will commence when they install their equipment after the new water tank
construction is complete.
6. Overview of WWTP Monthly Report
February's Monthly WWTP Report
PRESENTATIONS
Presentation of Rate Study Options
Presentation of February's Monthly WWTP Report
ATTACHMENTS
Rate Study Options — Black & Veatch
Estimated Dryer Installation Costs
Skyler Vicinity Map
Skyler Agreement
Skyler Bid Tab
Act 605 of the General Assembly
Training Curriculum for Water Providers
Verizon Preliminary Lease Agreement
February WWTP Report — Jacobs
ADJOURN
Next Water, Sewer, Solid Waste Committee meets on
Tuesday, May 10, 2022, at 5:30 p.m.
Fayetteville Water &
Sewer Rate Study
April 12, 2022
Anna White
Principal Consultant
0s BLACK&VEATCH
Agenda
Rate Structure Options
Typical Bill Impact
Rate Schedules
• Rate Structure Implications on Water
Conservation
Black &
Veatch
Rate Structure Options
Black &
Veatch
Rate Design
• Rate Setting Principles:
• Equitable Cost Recovery
• Revenue Stability
• Appropriate Price Signals
• Nexus with Customer Usage Patterns & Demands
• Easy to Understand and Administer
• Customer Acceptance
• Consistent with City Policies
• Legally Acceptable / Defensible
Benefits to Customers: A schedule of proposed rates
that are defensible, appropriately recover costs, and
easy to understand by stakeholders
Rate Design
Develop COS
Rates
Scenario
1
Planning
Develop
Practical Rates
Proposed
T
Rates J�
Black &
Veatch
What have we done with the Rate Structure?
Removed minimum usage requirement
Principles: Equitable Cost Recovery; Appropriate Price Signals; Easy to Understand
z-. Adjusted the fixed service charges
Principles: Equitable Cost Recovery; Revenue Stability
3. Reviewed volume rate structure
Principles: Equitable Cost Recovery; Appropriate Price Signals; Easy to Understand
Black &
Veatch
Rate Structure Options Evaluated
Removed minimum usage requirement
Applicable to all rate options
Adjusted the fixed service charges
Option 1: Maximum of 2022 Existing and Cost of Service
Option 2: Maximum of 2022 Rates or Cost of Service
Option 3: Midway between 2022 Rates and Cost of Service
Reviewed volume rate structure
➢ Changed Declining Block rate structure to Uniform rate
Each class recovers its own adjusted cost of service in all options Black&
Veatch
Water Rate Structure Options Evaluated
Option 1 Service Charge:
• Max of 2022 existing and Cost of Service
Usage Rate:
• Eliminate minimum volume
• Maintain existing volume tiers
• Change declining block to uniform
Option 2 Service Charge:
• Max of 2022 and Cost of Service (no change from Option 1)
Usage Rate:
• Eliminate minimum volume (no change from Option 1)
• Change all declining blocks to Uniform volume
Option 3 Service Charge:
• Midway between 2022 and Cost of Service
Usage Rate:
• Eliminate minimum volume (no change from Proposed)
• Change all declining block to Uniform volume
All Classes
All Classes
All Classes except Irrigation
Irrigation
All Classes
All Classes
Non-residential
All Classes
All Classes
Non-residential
Black &
Veatch
Sewer Rate Structure Options Evaluated
Option 1 Service Charge:
• Max of 2022 existing and Cost of Service All Classes
Usage Rate:
• No change All Classes
Option 2 Service Charge:
• Max of 2022 and Cost of Service (no change from Option 1) All Classes
Usage Rate:
Change all declining blocks to Uniform volume Wholesale
Option 3 Service Charge:
Midway between 2022 and Cost of Service All Classes
Usage Rate:
• Change all declining block to Uniform volume Wholesale
Black &
Veatch
Typical Bill Impact
Black &
Veatch
Comparison of Cost of Service with Revenue Under Existing Rates
WATER
Inside City
1
Residential
10,540,500
11,001,700
100.0%
-4.2%
-460,100
2
Non -Residential
4,056,000
3,476,000
90.9%
6.1%
210,900
3
Industrial
1,575,800
1,196,700
80.7%
6.3%
75,500
4
Irrigation
1,272,300
1,431,200
100.0%
-11.1%
-158,700
5
Subtotal
17,444,600
17,105,600
96.2%
-1.9%
-332,400
Outside City
6 Residential 2,838,000 2,614,600 100.0% 8.6% 223,800
7 Non -Residential
417,200
328,200
91.6%
16.4%
53,900
8 Irrigation
168,400
173,400
100.1%
-2.8%
-4,900
9 Subtotal
3,423,600
3,116,200
99.0%
8.8%
272,800
Private Fire
10 Inside City
279,900 967,600 345.7% 0.0% 0
11 Outside City
8,200 27,100 330.5% 0.0% 0
12 Subtotal
288,100 994,700 345.3% 0.0% 0
Wholesale
13 Elkins 238,500 216,200 100.0% 10.3% 22,200
14 Mount Olive 198,300 179,800 100.0% 10.3% 18,500
SEWER
4
Inside City
1 Residential
14,792,800
16,719,800
-11.5%
-1,929,600
2 Non -Residential
4,426,300
3,926,200
12.7%
498,700
3 Industrial
2,294,200
1,890,100
21.2%
401,400
4 Subtotal
21,513,300
22,536,100
-4.6%
-1,029,500
Outside City
5 Residential 1,496,800 1,242,000 20.0% 247,900
6 Non -Residential 180,000 160,400 20.6% 33,100
7 Industrial 0.0%
8 Subtotal 1,676,800 1,402,400 20.0% 281,000
Wholesale
9
Elkins
583,600
419,500
39.0%
163,800
10
West Fork
328,700
236,200
39.1%
92,300
11
Subtotal
912,300
655,700
39.1%
256,100
12
Surcharge
1,326,400
834,600
58.9%
491,800
13
Total
25,428,800
25,428,800
0.0%
-600
15
West Fork
207,500
188,100
100.0%
10.3% 19,400
16
RDA/WWA
0
0
0.0%
0.0%
17
Subtotal
644,300
584,100
100.0%
10.3% 60,100
Proposed rates help to mitigate Cost of Service
indicated revenue increases shown in Column 5
18
Total
21,800,600
21,800,600
100.0%
0.0% 500
Black &
Veatch
J
Inside City Bill
Impacts
Residential: Low, Medium, High
Non -Residential: Low, High
Industrial: Low, High
Irrigation: Low, High
Typical Bill Impact: Inside City Residential Customers
Low Usage
Inside City Residential: 3/4"
Meter, 2,000 Gallons Per Month Consumption
Existing
Option 1
Change
Option 2 Change
Option 3
Change
Water $ 13.61 $
13.19
$ (0.42)
$ 13.19 $ (0.42)
$ 12.63
$ (0.98)
Sewer $ 26.98 $
25.06
$ (1.92)
$ 25.06 $ (1.92)
$ 22.99
$ (3.99)
Total $ 40.59 $
38.25
$ (2.34)
$ 38.25 $ (2.34)
$ 35.62
$ (4.97)
Medium Usage
Inside City Residential: 3/4" Meter, 4,000 Gallons Per Month Consumption
Existing Option 1 Change Option 2 Change Option 3 Change
Water $ 22.89 $ 21.93 $ (0.96) $ 21.93 $ (0.96) $ 21.79 $ (1.10)
Sewer $ 38.58 $ 34.10 $ (4.48) $ 34.10 $ (4.48) $ 33.95 $ (4.63)
Total $ 61.47 $ 56.03 $ (5.44) $ 56.03 $ (5.44) $ 55.74 $ (5.73)
High
Usage
Inside City Residential: 3/4"
Meter,10,000 Gallons Per Month Consumption
Existing
Option 1 Change Option 2 Change Option 3
Change
Water
$ 50.73 $
48.15 $ (2.58) $ 48.15 $ (2.58) $ 49.27
$ (1.46)
Sewer
$ 73.38 $
61.22 $ (12.16) $ 61.22 $ (12.16) $ 66.83
$ (6.55)
Total
$ 124.11 $
109.37 $ (14.74) $ 109.37 $ (14.74) $ 116.10
$ (8.01)
Option 1
No change in service charge
Decrease in volume charge
Option 2 (Same as Option 1)
No change in service charge
Decrease in volume charge
Option 3
Decrease in service charge
Decrease in volume charge, but not as
much as Options 1 and 2
Existing Rates refer to rates effective Jan 1, 2022; all comparisons are against Existing Rates
Black &
Veatch
Typical Bill Impact: Inside City Non -Residential
Low Usage
Inside City Non -Residential: 3/4" Meter,10,000 Gallons Per Month Consumption
•
Option 1
Existing
Option 1
Change
Option 2
Change
Option 3
Change
Water $ 44.49
$ 46.99
$ 2.50
$ 45.89
$ 1.40
$
45.51
$
1.02
No change in service charge
Sewer $ 62.28
$ 69.28
$ 7.00
$ 69.28
$ 7.00
$
67.27
$
4.99
Increase in volume charge
Option 2
Total $ 106.77 $ 116.27 $ 9.50 $ 115.17 $ 8.40 $ 112.78 $ 6.01
Medium Usage
Inside City Non -Residential: 1" Meter,100,000
Gallons Per Month Consumption
No change in service charge
Existing
Option 1
Change
Option 2
Change
Option 3
Change
Water $ 388.14
$ 413.14
$ 25.00
$ 402.14
$ 14.00
$
406.78
$
18.64
Water volume charge change to uniform
Sewer $ 463.74
$ 533.74
$ 70.00
$ 533.74
$ 70.00
$
546.97
$
83.23
Option 3
Total $ 851.88 $ 946.88 $ 95.00 $ 935.88 $ 84.00 $ 953.75 $ 101.87
High Usage
Decrease in service charge
Inside City Non -Residential: 2 Meter, 500,000 Gallons
Per Month Consumption
Water volume charge change to uniform
Existing
Option
Change
Option
Change
Option
Change
Water $ 1,498.20
$ 1,597.20
$ 99.00
$ 1,595.20
$ 97.00
$
1,614.43
$
116.23
Sewer $ 2,255.43
$ 2,605.43
$ 350.00
$ 2,605.43
$ 350.00
$
2,679.30
$
423.87
Total $ 3,753.63 $ 4,202.63 $ 449.00 $ 4,200.63 $ 447.00 $ 4,293.73 $ 540.10
Existing Rates refer to rates effective Jan 1, 2022; all comparisons are against Existing Rates Black&
Veatch
Typical Bill Impact: Inside City Industrial
Low Usage • Option 1
Inside City Industrial: 4"
Meter, 600,000 Gallons Per Month Consumption
No change in service charge
Existing
Option 1
Change Option 2 Change
Option 3 Change
Water $ 1,865.50
$ 1,973.50
$ 108.00 $ 1,973.50 $ 108.00
$ 1,960.95 $ 95.45
Increase in volume charge
Sewer $ 3,038.13
$ 3,638.13
$ 600.00 $ 3,638.13 $ 600.00
$ 3,617.89 $ 579.76
•
Option 2 (Same as Option 1)
Total $ 4,903.63 $ 5,611.63 $ 708.00 $ 5,611.63 $ 708.00 $ 5,578.84 $ 675.21
High Usage
Inside City Industrial: 6" Meter,1,500,000 Gallons Per Month Consumption
Existing
Option 1
Change
Option 2
Change
Option 3
Change
Water $ 4,618.99
$ 4,888.99
$ 270.00
$ 4,888.99
$ 270.00
$ 4,858.72
$ 239.73
Sewer $ 7,485.39
$ 8,985.39
$ 1,500.00
$ 8,985.39
$ 1,500.00
$ 8,937.35
$ 1,451.96
Total $ 12,104.38
$ 13,874.38
$ 1,770.00
$ 13,874.38
$ 1,770.00
$ 13,796.07
$ 1,691.69
No change in service charge
Increase in volume charge
• Option 3
Decrease in service charge
Increase in volume charge
Existing Rates refer to rates effective Jan 1, 2022; all comparisons are against Existing Rates Black&
Veatch
Typical Bill Impact: Inside City Irrigation
Low Usage • Option 1
Inside City Irrigation: 1" Meter, 50,000 Gallons Per Month Consumption
Existing Option 1 Change Option 2 Change Option 3 Change
Water $ 261.14 $ 223.64 $ (37.50) $ 223.64 $ (37.50) $ 227.78 $ (33.36)
High Usage
Inside City Irrigation:1.5" Meter, 400,000 Gallons Per Month Consumption
Existing Option 1 Change Option 2 Change Option 3 Change
Water $ 1,980.93 $ 1,731.93 $ (249.00) $ 1,731.93 $ (249.00) $ 1,767.90 $ (213.03)
No change in service charge
Decrease and volume charge change to
uniform
• Option 2 (Same as Option 1)
No change in service charge
Decrease and volume charge change to
uniform
• Option 3
Decrease in service charge
Decrease and volume charge change to
uniform
Existing Rates refer to rates effective Jan 1, 2022; all comparisons are against Existing Rates Black&
Veatch
C
e
.1
Comparison of Cost of Service with Revenue Under Existing Rates
WATER
s s s
Inside City
1 Residential 10,540,500 11,001,700 100.0% -4.2%-460,100
2 Non -Residential 4,056,000 3,476,000 90.9% 6.1% 210,900
3 Industrial 1,575,800 11196,700 80.7% 6.3% 75,500
4 Irrigation 1,272,300 1,431,200 100.0% -11.1%-158,700
5 Subtotal 17,444,600 17,105,600 96.2% -1.9%-332,400
Outside City
6 Residential 2,838,000
7 Non -Residential 417,200
8 I rrigatic
9 Subtotal
n
168,400
2,614,600 100.0% 8.6% 223,800
328,200 91.6% 16.4% 53,900
173,400 100.1% -2.8% -4,900
3,423,600 3,116,200 99.0% 8.8% 272,800
Private Fire
10 Inside City 279,900 967,600 345.7% 0.0% 0
11 Outside City 8,200 27,100 330.5% 0.0% 0
12 Subtotal 288,100 994,700 345.3% 0.0% 0
Wholesale
13 Elkins 238,500 216,200 100.0% 10.3% 22,200
14 Mount Olive 198,300 179,800 100.0% 10.3% 18,500
15 West Fork 207,500 188,100 100.0% 10.3% 19,400
16 RDA/WWA 0 0 0.0% 0.0%
17 Subtotal
644,300 584,100
100.0% 10.3% 60,100
18 Total 21,800,600 21,800,600 100.0% 0.0% 500
SEWER
s
s
s
Inside City
1 Residential
14,792,800
16,719,800
-11.5%-1,929,600
2 Non -Residential
4,426,300
3,926,200
12.7% 498,700
3 Industrial
2,294,200
1,890,100
21.2% 401,400
4 Subtotal
21,513,300
22,536,100
-4.6%-1,029,500
Outside City
5 Residential
6 Non -Residential
7 Industrial
8 Subtotal
1,496,800 1,242,000 20.0% 247,900
180,000 160,400 20.6% 33,100
0.0%
1,676,800 1,402,400 20.0% 281,000
Wholesale
9 Elkins 583,600 419,500 39.0% 163,800
10 West Fork 328,700 236,200 39.1% 92,300
11 Subtotal 912,300 655,700 39.1% 256,100
12 Surcharge 1,326,400 834,600 58.9% 491,800
13 Total 25,428,800 25,428,800 0.0% -600
Proposed rates help to mitigate Cost of Service
indicated revenue increases shown in Column.5
Black &
Veatch
Typical Bill Impact: Outside City Residential Customers
Low Usage
Outside City Residential: 3/4"
Meter, 2,000 Gallons Per Month Consumption
Existing
Option 1
Change
Option 2
Change
Option 3
Change
Water $
15.62
$
16.48
$
0.86
$
16.48
$
0.86
$
16.12
$
0.50
Sewer $
34.64
$
35.38
$
0.74
$
35.38
$
0.74
$
34.97
$
0.33
Tota 1 $
50.26
$
51.86
$
1.60
$
51.86
$
1.60
$
51.09
$
0.83
Medium
Usage
Outside City Residential: 3/4"
Meter, 4,000
Gallons Per Month Consumption
Existing
Option 1
Change
Option 2
Change
Option 3
Change
Water $
26.30
$
28.30
$
2.00
$
28.30
$
2.00
$
28.16
$
1.86
Sewer $
51.00
$
52.48
$
1.48
$
52.48
$
1.48
$
52.55
$
1.55
Tota 1 $
77.30
$
80.78
$
3.48
$
80.78
$
3.48
80.71
$
3.41
High Usage
Outside City Residential: 3/4"
Meter, 15,000 Gallons Per Month
Consumption
Existing
Option 1
Change
Option 2
Change
Option 3
Change
Water $
69.02
$
75.58
$
6.56
$
75.58
$
6.56
$
76.32
$
7.30
Sewer $
140.98
$
146.53
$
5.55
$
146.53
$
5.55
$
149.24
$
8.26
Tota 1 $
210.00
$
222.11
$
12.11
$
222.11
$
12.11
$
225.56
$
15.56
o Option 1
No change in service charge
Increase in volume charge
Option 2 (Same as Option 1)
No change in service charge
Increase in volume charge
o Option 3
Decrease in service charge*
Increase in volume charge
Existing Rates refer to rates effective Jan 1, 2022; all comparisons are against Existing Rates
*Only referring to 5/8" and 3/4"
Black &
Veatch
Typical
Bill
Impact: Outside CityNon-Residential
• Option 1
Low Usage
Increase in service charge for some meter
Outside City Non -Residential:
3/4" Meter, 20,000 Gallons Per Month Consumption
Existing
Option 1
Change Option 2 Change
Option 3 Change
SIZ2S
Water $ 95.14
$ 110.54
$ 15.40 $ 108.54 $ 13.40
$ 109.42 $ 14.28
Increase in volume charge
Sewer $ 181.88
$ 189.28
$ 7.40 $ 189.28 $ 7.40
$ 193.19 $ 11.31
Total $ 277.02
$ 299.82
$ 22.80 $ 297.82 $ 20.80
$ 302.61 $ 25.59
Option 2
Increase in service charge for some meter
High Usage
sizes
Outside City Non -Residential:
4" Meter,
2,000,000 Gallons Per Month Consumption
Water volume charge changed to uniform,
Existing
Option
Change Option Change
Option Change
increase in sewer volume charge
Water $ 8,046.93
$ 9,467.93
$ 1,421.00 $ 10,202.93 $ 2,156.00
$ 10,342.56 $ 2,295.63
Sewer $ 16,360.00
$ 17,100.00
$ 740.00 $ 17,100.00 $ 740.00
$ 17,580.00 $ 1,220.00
. Option 3
Total $ 24,406.93
$ 26,567.93
$ 2,161.00 $ 27,302.93 $ 2,896.00
$ 27,922.56 $ 3,515.63
Increases and decreases in service charge
• Water volume charge changed to uniform,
increase in sewer volume charge
Existing Rates refer
to rates effective Jan 1, 2022; all comparisons are against Existing
Rates Black&
Veatch
Typical Bill Impact: Outside City Industrial
Low Usage
Outside City Industrial: 4" Meter, 600,000 Gallons Per Month Consumption
Existing Option 1 Change Option 2 Change Option 3 Change
Water $ 2,022.93 $ 2,196.93 $ 174.00 $ 2,196.93 $ 174.00 $ 2,196.56 $ 173.63
Sewer $ 5,211.44 $ 5,433.44 $ 222.00 $ 5,433.44 $ 222.00 $ 5,569.62 $ 358.18
• Option 1
Total
$ 7,234.37
$
7,630.37
$
396.00
$
7,630.37
$ 396.00
$
7,766.18
$
531.81
High
Usage
Outside
City Industrial: 6"
Meter,1,500,000
Gallons Per
Month Consumption
Existing
Option 1
Change
Option 2
Change
Option 3
Change
Water
$ 5,005.82
$
5,440.82
$
435.00
$
5,440.82
$ 435.00
$
5,432.41
$
426.59
Sewer
$ 12,871.46
$
13,426.46
$
555.00
$
13,426.46
$ 555.00
$
13,752.71
$
881.25
Total
$ 17,877.28
$
18,867.28
$
990.00
$
18,867.28
$ 990.00
$
19,185.12
$
1,307.84
Increase in service charge for some meter
sizes
Increase in volume charge
Option 2 (Same as Option 1)
Increase in service charge for some meter
sizes
Increase in volume charge
Option 3
Increases and decreases in service charge
Increase in volume charge
Existing Rates refer to rates effective Jan 1, 2022; all comparisons are against Existing Rates
Black &
Veatch
Typical Bill Impact: Outside City Irrigation
Low Usage • Option 1
Increases in service charge for some
Outside City Irrigation: 1" Meter, 50,000 Gallons Per Month Consumption meter sizes
Existing Option 1 Change Option 2 Change Option 3 Change
Water $ 300.52 $ 283.76 $ (16.76) S 283.76 $ (16.76) S 289.39 $ (11.13) Blended and uniform rate
Option 2 (Same as Option 1)
High Usage
Increases in service charge for some
Outside City Irrigation:1.5" Meter, 400,000 Gallons Per Month Consumption meter sizes
Existing Option 1 Change Option 2 Change Option 3 Change
Water $ 2,280.31 $ 2,196.22 $ (84.09) $ 2,196.22 $ (84.09) $ 2,245.27 $ (35.04)
Volume charge changed to uniform
• Option 3
Increases and decreases in service
charge
Volume charge changed to uniform
Existing Rates refer to rates effective Jan 1, 2022; all comparisons are against Existing Rates Black&
Veatch
Typical Bill Impact: Wholesale
Water
Elkins: 4" Meter, 85,000,000 Gallons Per Month Consumption
Existing Option 1 Change Option 2
Water $ 244,062.25 $ 268,712.25 $ 24,650.00 $ 268,712.25 $
Mount Olive: 4" Meter, 31,000,000 Gallons Per Month Consumptio
Existing Option 1 Change Option 2
Water $ 89,082.25 $ 98,072.25 $ 8,990.00 $ 98,072.25 $
West Fork: 4" Meter, 65,000,000 Gallons Per Month Consumption
Existing Option 1 Change Option 2
Water $ 186,662.25 $ 205,512.25 $ 18,850.00 $ 205,512.25 $
Sewer
Elkins: 4" Meter, 40,000,000 Gallons Per Month Volume
A
Change Option 3 _Change
24,650.00 $ 268,707.22 $ 24,644.97
hn 4
Change Option 3 _ Change
8,990.00 $ 98,067.22 $ 8,984.97
Change Option 3 Change
18,850.00 $ 205,512.25 $ 18,850.00
Existing Option 1 Change
Option 2
Change
Option 3
Change
Sewer $ 207,600.00 $ 288,000.00 $ 80,400.00 $
288,000.00 $
80,400.00
$ 288,000.00
$
80,400.00
West Fork: 4" Meter, 45,000,000 Gallons Per Month Volumne A
'
Existing Option 1 Change
Option 2
Change
Option 3
—$
Change
Sewer $ 233,550.00 $ 324,000.00 $ 90,450.00 $
324,000.00 $
90,450.00
$ 324,000.00
90,450.00
Typical bills assume all water usage pays Reduced Peak Demand
rate and all sewer volume is
less than 85% of metered water usage
- Option 1
No change in water service charge *
Increase in volume rate
- Option 2
No change in water service charge *
Volume charge changed to uniform
- Option 3
Decrease in water service charge *
Volume charge changed to uniform
*Only referring to 4"
Existing Rates refer to rates effective Jan 1, 2022; all comparisons are against Existing Rates
Black &
Veatch
Rate Schedules
Black &
=AkLVeatch
Water Inside
City
ComponentRate
•.
Option2
Option
Fixed Service Charge - $/month
Meter Size
5/8"
6.59
6.59
6.59
5.71
3/4"
6.59
6.59
6.59
5.71
1"
9.14
9.14
9.14
8.78
1.5"
15.93
15.93
15.93
15.90
2"
23.20
23.20
23.20
22.43
3"
54.05
54.05
54.05
49.16
4"
89.50
89.50
89.50
76.95
6"
178.99
178.99
178.99
148.72
8"
268.41
268.41
268.41
200.05
Quantity Charge - $/1,000 Gallons
Residential
First 2,000 Gallons
3.51
3.30
3.30
3.46
Next 13,000 Gallons
4.64
4.37
4.37
4.58
All over 15,000 Gallons
6.59
6.20
6.20
6.50
Non -Residential
First 300,000 Gallons
3.79
4.04
3.93
3.98
All over 300,000 Gallons
3.38
3.62
3.93
3.98
Major Industrial
All Usage
2.96
3.14
3.14
3.14
Irrigation
First 300,000 Gallons
5.04
4.29
4.29
4.38
All over 300,000 Gallons
4.53
4.29
4.29
4.38
Inside City Water
Rate Schedule
Green font indicates decrease compared to
existing 2022 rates;
Red font indicates increase compared to
existing 2022 rates
:h
Water Outside
City
Fixed Service Charge - $/month
Meter Size
5/8"
7.54
7.54
7.54
7.02
3/4"
7.54
7.54
7.54
7.02
1"
10.52
12.26
12.26
11.39
1.5"
18.31
24.22
24.22
21.27
2"
26.66
33.52
33.52
30.09
3"
62.18
69.84
69.84
66.01
4"
102.93
102.93
102.93
102.56
6"
205.82
205.82
205.82
197.41
8"
308.67
308.67
308.67
259.47
Quantity Charge - $/1,000 Gallons
Residential
First 2,000 Gallons
4.04
4.47
4.47
4.55
Next 13,000 Gallons
5.34
5.91
5.91
6.02
All over 15,000 Gallons
7.54
8.38
8.38
8.54
Non -Residential
First 300,000 Gallons
4.38
5.15
5.05
5.12
All over 300,000 Gallons
3.90
4.60
5.05
5.12
Major Industrial
All Usage
3.20
3.49
3.49
3.49
Irrigation
First 300,000 Gallons
5.80
5.43
5.43
5.56
All over 300,000 Gallons
5.22
5.43
5.43
5.56
Wholesale
Reduced Peak Demand
2.87
3.16
3.16
3.16
Peak Demand
3.20
3.20
3.16
3.16
Outside City Water
Rate Schedule
Green font indicates decrease compared to
existing 2022 rates. -
Red font indicates increase compared to
existing 2022 rates
JJJJJL
Sewer Inside
City
�pt
... #Iles,
T"o
i o n 2
Option 3
Fixed Service Charge - $/month
Meter Size
5/8"
18.28
18.28
18.28
14.77
3/4"
18.28
18.28
18.28
14.77
1"
23.74
23.74
23.74
21.97
1.5"
38.77
38.77
38.77
38.76
2"
55.43
55.43
55.43
54.30
3"
128.73
128.73
128.73
119.12
4"
212.13
212.13
212.13
185.89
6"
420.39
420.39
420.39
357.35
8"
628.73
628.73
628.73
478.01
Quantity Charge - $/1,000 Gallons
Residential
First 2,000 Gallons
4.35
3.39
3.39
4.11
All over 2,000 Gallons
5.80
4.52
4.52
5.48
Non -Residential
All Usage
4.40
5.10
5.10
5.25
Major Industrial
All Usage
4.71
5.71
5.71
5.72
Inside City Sewer
Rate Schedule
Green font indicates decrease compared to
existing 2022 rates;
Red font indicates increase compared to
existing 2022 rates
Sewer Outside
City
Fixed Service Charge - $/month
Meter Size
5/8"
18.28
16.74
18.28
25.10
18.28
25.10
17.39
20.92
3/4"
18.28
16.74
18.28
25.10
18.28
25.10
17.39
20.92
1"
33.92
31.28
33.92
52.62
33.92
52.62
33.37
41.95
1.5"
60.37
55.50
66.73
109.78
66.73
109.78
63.55
82.64
2"
79.73
73.45
93.11
154.24
93.11
154.24
86.42
113.85
3"
184.24
169.29
196.10
327.83
196.10
327.83
190.17
248.56
4"
303.44
278.93
303.44
482.37
303.44
482.37
295.62
380.65
6"
601.46
553.70
601.46
897.30
601.46
897.30
567.71
725.50
8"
899.76
826.81
899.76
998.92
899.76
998.92
747.01
912.87
Quantity Charge - $/1,000 Gallons
Residential
First 2,000 Gallons
8.18
7.52
8.55
8.27
8.55
8.27
8.79
9.35
All over 2,000 Gallons
8.18
7.52
8.55
8.27
8.55
8.27
8.79
9.35
Non -Residential
All Usage
8.18
7.52
8.55
8.27
8.55
8.27
8.79
9.35
Major Industrial
All Usage
8.18
7.52
8.55
8.27
8.55
8.27
8.79
9.35
Wholesale
85% of metered water usage
5.19
7.20
7.20
7.20
Above 85% of metered water usage
2.71
3.75
7.20
7.20
Outside City Sewer
Rate Schedule
Green font indicates decrease compared to
existing 2022 rates;
Red font indicates increase compared to
existing 2022 rates
:h
Summary of Findings
MBlack Veatch
Outside City and Wholesale Cost of Service
■ Passage of time results in changes in cost of service related to
■ Changes in customer characteristics and demand
■ More growth (accounts and/or usage) in one customer class
versus another, customers leaving the system, customers joining,
etc.
■ Changes in the magnitude and type of costs
■ O&M
program can
change, and
costs may increase
or decrease
■ The nature, timing
and costs of
capital projects can
change
Across the board revenue adjustments do not consider the above changes
Black &
Veatch
Rate Structure Implications on
Water Conservation
Black
16, Veatch
Residential Water Use Profile — Indoor Use
Distribution of Indoor Residential Water Use
(Gallons per Household per Day gphd)
7m
a
Toilet
Shower
Faucet
Clothes wash eir
Leak
Other*
Bath
Dishwasher
4%
%
19
17%
12%
o
1%
33.1 gphd
28.1 gphd
26.3 gphd
22.7 gphd
17.0 gphd
5.3 gphd
3.6 gphd
1 .6 gphd
' The "Other" category includes evaporative cooling, hu midification, water softening, and other u ncategorized indoor uses
■ Indoor water use is fairly inelastic
■ Drivers for reduction in indoor water use
■ Use of Water Efficiency Appliances and Fixtures
■ Water Efficiency Reductions from Clothes Washers; Toilets
■ Measurable reduction in indoor water use not due to behavior change
zr �� l°o
j DECREASE
I 1999-2016
Average annual indoor household
water use
.........................................................
Source: Water Research Foundation REU2016
Black &
Veatch
Residential Water Use Profile — Outdoor Use
■ Key Outdoor Uses
■ Landscape Irrigation
■ Hose Bibs (Garden)
■ Outdoor washing (pavement; vehicles)
■ Reduction in Outdoor Use
■ Focus on Excess Irrigators
■ Could achieve a 15% reduction in water usage
through mitigation of excess irrigation
Black &
Veatch
Integrated Water Conservation Measures
WaterSense Efficiencj
Appliances & Fixtures
Rebates for Smart
Controllers
=ase of Access to
ge Data and Trends
Timely Tips and
Facts on Outdoor
and Indoor usage
Water Efficiency
Audits to Customers Black&
Veatch
Next Steps .. .
Update analysis based on feedback
Finalize draft report
Presentation to the Council
Black & ,
Veatch
Black &
Veatch
Thank You
Contact Us
Anna White
Principal Consultant
+1 913 458 3025
WhiteAM@bv.com
Item Cost Notes
Install Electrical Service
$ 111,319
Jacobs will install
Conveyor
$ 40,200
Includes shipping, backstop and scraper.
Jacobs will install and weld 8" channel
conveyor. Option for bolt together truss
conveyor plus $6000.
Scale
$ 6,000
Includes shipping, 4-20 milliamp output for
input to SCADA. Jacobs will install
Drywall
$ 1,500
Jacobs will install
Drywall Hardware
$ 150
Jacobs will install
Cooling Tower slab
$ 1,000
Jacobs will form, set rebar and finish
concrete. Est. 6 CY
Velocity Stack slab
$ 1,000
Jacobs will form, set rebar and finish
concrete. Est. 6 CY
Concrete Delivery from APAC
$ 600
Might be 2x $150 if they cannot fit 12 CY on
a roller truck
Barrier Blocks- 50 blocks at $60 per
$ 3,000
Jacobs will install
Metal- Framing for Drywall
$ 1,000
Jacobs will install
Estimate for electric gear boxes and motors
$ 75,000
Jacobs will install
Lumber- framing above divider wall
$ 500
Jacobs will install. Use existing
polycarbonate for barrier.
Machine Skate Rental 1 week
$ 350
Miscellaneous Costs
$ 10,000
In -House Water & Sewer Installations
$ 20,500
Subtotal Budget Estimate
$ 272,119
Estimated Taxes (10%)
$ 27,212
Total
Last Updated 31 Mar 2022
299,331
PROJECT AREA
VICINITY MAP
Skyler Subdivision Water Service Line Replacements
April 6, 2022
Bryan Goodwin
President
Goodwin & Goodwin, Inc.
3503 Free Ferry Road
Fort Smith, AR 72903
Re: NOTICE OF LOW BID
wis
CITY OF
FAYETTEVILLE
ARKANSAS
Sent via email: pipedude08(a)_yahoo.com
City of Fayetteville, Arkansas; BID 22-26, Construction, Skyler Subdivision
Water Service Line Replacements
Dear Mr. Goodwin,
The City of Fayetteville Arkansas publicly opened bids received on April 5th, 2022 for BID
22-26, Construction, Skyler Subdivision Water Service Line Replacements.
Your company is the low bidder. Your bid is $603,630.00.
The City of Fayetteville's contract review process requires that you sign the proposed
"Agreement" (DOCUMENT 00 52 00) and provide all required attachments and
documents prior to City staff review.
The staff review process is an internal PDF review by many departments including
budget, accounting, legal, purchasing, City Clerk and Chief of Staff.
In addition to the City staff review, the Fayetteville City Council Water and Sewer
Committee, and then the Fayetteville City Council, will review the proposed contract.
Please complete/fill in and sign, but do not date, the attached copy of DOCUMENT
00 52 00 —AGREEMENT pages 1 — 12 and return to me (pdf preferred).
Please note that this request and your signing of the proposed Agreement does not
guarantee that the City of Fayetteville City Council will approve the contract. This
request does not obligate the City of Fayetteville in any manner, but this request is the
start of the review process for the proposed contract. You will not have an
Agreement/Contract until the City of Fayetteville City Council has approved the
proposed contract and both you and the Mayor of Fayetteville have executed the
approved Agreement/Contract.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
The review schedule is proposed as:
Water and Sewer Committee April 12, 2022
City Council Agenda Session April 26, 2022
City Council Meeting May 3, 2022
To meet this schedule, I need your signed Agreement and attachments by Thursday,
April 14'". PDFs are preferred.
I appreciate your help to start the City's contract review process. Please call me and/or
email if you have any questions, or if I can assist in any way.
Sincerely,
4 Iz,
Corey Granderson, P.E.
Fayetteville Utilities Engineer
c: 479-301-4801
cgranderson(a�_fayetteville-ar.gov
Attachments:
DOCUMENT 00 52 00— AGREEMENT pages 1 — 12
Skyler-Willowbrook-Evening Shade Service Line Replacement
Fayetteville, Arkansas
SECTION 00 52 00 —AGREEMENT
AGREEMENT BETWEEN OWNER AND CONTRACTOR
Contract Name/Title: SKYLER-WILLOWBROOK-EVENING SHADE SERVICE LINE REPLACEMENT
Contract No.: 22-26, Construction
THIS AGREEMENT is dated as of the day of
The City of Fayetteville, Arkansas and Goodwin & Goodwin, Inc.
ARTICLE 1 - WORK
021-04415
in the year 2022 by and between
(hereinafter called Contractor).
1.1 Contractor shall complete all Work as specified or indicated in the Contract Documents. The
work under this Agreement includes, but is not limited to:
Installation of new, 1-inch copper water service lines for all existing water meters on Skyler
Drive, Willowbrook Drive, and Evening Shade Drive from the existing water line to 18 inches
past the water meter. For meters on the same side of the street as the water line, replacement
of all existing service lines. For meters on the opposite side of the street, installation of new 1-
inch copper service lines within the existing 2-inch diameter service lines. Removal and repair
of roadway asphalt, concrete driveway, and sidewalk as needed to install service lines and all
other items set out in the drawings and specifications for a complete installation.
1.2 The Contractor agrees to perform the work described in the Contract Documents and comply
with the terms therein for the amounts shown in the Bid Proposal. Refer to Section 00 41 43-
Bid Form for quantities.
1.3 Any use of a third -party dumpster or roll off container shall be procured from the City of
Fayetteville Recycling and Trash Collection Division. Use of a Non -City dumpster or roll off
container is not allowed.
1.4 Contractor is responsible for obtaining all applicable permits. The fees for City of Fayetteville
(only) issued permits shall be waived.
February 23, 2022 00 52 00 - 1 AGREEMENT
100% Construction Documents
Skyler-Willowbrook-Evening Shade Service Line Replacement 021-04415
Fayetteville, Arkansas
1.5 The Contract may include work in City of Fayetteville right-of-way, ARDOT (State) right-of-way,
railroad right-of-way and in General or Utility Easements.
ARTICLE 2 - ENGINEER
2.1 The Contract Documents have been prepared by Olsson (Engineer) for the City of Fayetteville.
The Engineer assumes all duties and responsibilities, and has the rights and authority assigned
to Engineer in connection with completion of the Work in accordance with the Contract
Documents.
ARTICLE 3 - CONTRACT TIME
3.1 TIME OF THE ESSENCE
A. All time limits for milestone, if any, Substantial Completion and completion and readiness for
final payment as stated in the Contract Documents are of the essence of the Contract.
3.2 DATES FOR COMPLETION AND FINAL PAYMENT
A. The Work shall be substantially completed within 120 calendar days after the date when the
Contract Times commence to run as provided in the GENERAL CONDITIONS, and final
completion and ready for final payment within 135 calendar days after the date when the
Contract Times commence to run as provided in the GENERAL CONDITIONS.
3.3 LIQUIDATED DAMAGES
A. Owner and Contractor recognize that time is of the essence of this Agreement and that The City
of Fayetteville will suffer financial loss if the Work is not completed within the time specified
above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The
parties also recognize the delays, expense, and difficulties involved in proving the actual loss
suffered by The City of Fayetteville if the Work is not Substantially Completed on time.
Accordingly, instead of requiring any such proof, The City of Fayetteville and Contractor agree
that as liquidated damages for delay (but not as a penalty) Contractor shall pay The City of
Fayetteville Five Hundred Dollars ($500.00) for each calendar day that expires after the time
specified above in Paragraph 3.2 for Substantial Completion until the Work is Substantially
February 23, 2022 00 52 00 - 2 AGREEMENT
100% Construction Documents
Skyler-Willowbrook-Evening Shade Service Line Replacement
Fayetteville, Arkansas
021-04415
Complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete
the remaining Work within the time specified in Paragraph 3.2 for completion and readiness for
final payment or any proper extension thereof granted by The City of Fayetteville, Contractor
shall pay The City of Fayetteville Five Hundred Dollars ($500.00) for each calendar day that
expires after the time specified for completion and readiness for final payment.
ARTICLE 4 - CONTRACT PRICE
4.1 The CITY OF FAYETTEVILLE agrees to pay, and the CONTRACTOR agrees to accept, as full and
final compensation for all work done under this agreement, the amount based on the unit prices
bid in the Proposal (BID FORM) which is hereto attached, for the actual amount accomplished
under each pay item, said payments to be made in lawful money of the United States at the
time and in the manner set forth in the Specifications.
4.2 As provided in the Contract estimated quantities are not guaranteed, and determinations of
actual quantities and classifications are to be made by ENGINEER as provided in the General
Conditions. Unit prices have been computed as provided in the Contract Documents.
4.3 Changes, modifications, or amendments in scope, price or fees to this contract shall not be
allowed without a prior formal contract amendment approved by the Mayor and the City
Council in advance of the change in scope, cost or fees.
1. Further, there shall be no changes to the scope and/or contract documents without
prior written approval of the Engineer of Record and the City's designated Professional
Engineer.
ARTICLE 5 - PAYMENT PROCEDURES
5.1 SUBMITTAL AND PROCESSING OF PAYMENTS
A. Contractor shall submit Applications for Payment in accordance with the GENERAL
CONDITIONS. Applications for Payment will be processed by Engineer as provided in the
GENERAL CONDITIONS.
5.2 PROGRESS PAYMENTS, RETAINAGE
February 23, 2022 00 52 00 - 3 AGREEMENT
100% Construction Documents
Skyler-Willowbrook-Evening Shade Service Line Replacement
Fayetteville, Arkansas
021-04415
A. The City of Fayetteville shall make progress payments on account of the Contract Price on the
basis of Contractor's Applications for Payment as recommended by Engineer, on or about the
15th day of each month during construction. All such payments will be measured by the
schedule of values established in the GENERAL CONDITIONS (and in the case of Unit Price Work
based on the number of units completed) or, in the event there is no schedule of values, as
provided in the General Requirements.
1. Prior to Substantial Completion, progress payments will be made in an amount equal
to the percentage indicated below, but, in each case, less the aggregate of payments
previously made and less such amounts as Engineer shall determine, or The City of
Fayetteville may withhold, in accordance with the GENERAL CONDITIONS.
a. 95% of Work Completed (with the balance being retainage). If Work has
been 50% completed as determined by Engineer, and if the character
and progress of the Work have been satisfactory to The City of
Fayetteville and Engineer, The City of Fayetteville on recommendation
of Engineer, may determine that as long as the character and progress
of the Work subsequently remain satisfactory to them, there will be no
additional retainage on account of Work subsequently completed, in
which case the remaining progress payments prior to Substantial
Completion will be an amount equal to 100% of the Work Completed
less the aggregate of payments previously made; and
b. 100% of Equipment and Materials not incorporated in the Work but
delivered, suitably stored, and accompanied by documentation
satisfactory to The City of Fayetteville as provided in the GENERAL
CONDITIONS.
B. Upon final completion and acceptance of the Work in accordance with the GENERAL
CONDITIONS, The City of Fayetteville shall pay the remainder of the Contract Price as
recommended by Engineer and as provided in the GENERAL CONDITIONS.
February 23, 2022 00 52 00 - 4 AGREEMENT
100% Construction Documents
Skyler-Willowbrook-Evening Shade Service Line Replacement
Fayetteville, Arkansas
ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS
021-04415
6.1 In order to induce The City of Fayetteville to enter into this Agreement, Contractor makes the
following representations:
A. Contractor has examined and carefully studied the Contract Documents including the Addenda
and other related data identified in the Bid Documents.
B. Contractor has visited the Site(s) and become familiar with and is satisfied as to the general,
local, and Site conditions that may affect cost, progress, performance, and furnishing of the
Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations
that may affect cost, progress, performance, and furnishing of the Work.
D. Contractor has carefully studied all:
1. Reports of explorations and tests of subsurface conditions at or contiguous to the Site
and all drawings of physical conditions in or relating to existing surface or subsurface
structures at or contiguous to the Site; and
2. Reports and drawings of a Hazardous Environmental Condition, if any, at the Site.
Contractor acknowledges that The City of Fayetteville and Engineer do not assume
responsibility for the accuracy or completeness of information and data shown or
indicated in the Contract Documents with respect to Underground Facilities at or
contiguous to the Site.
E. Contractor has obtained and carefully studied (or assumes responsibility of having done so) all
such additional supplementary examinations, investigations, explorations, tests, studies, and
data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous
to the Site or otherwise which may affect cost, progress, performance, and furnishing of the
Work or which relate to any aspect of the means, methods, techniques, sequences, and
procedures of construction to be employed by Contractor and safety precautions and programs
incident thereto.
February 23, 2022 00 52 00 - 5 AGREEMENT
100% Construction Documents
Skyler-Willowbrook-Evening Shade Service Line Replacement
Fayetteville, Arkansas
021-04415
F. Contractor does not consider that any additional examinations, investigations, explorations,
tests, studies, or data are necessary for the performing and furnishing of the Work at the
Contract Price, within the Contract Times, and in accordance with the other terms and
conditions of the Contract Documents.
G. Contractor is aware of the general nature of work to be performed by The City of Fayetteville
and others at the Site that relates to the Work as indicated in the Contract Documents.
H. Contractor has correlated the information known to Contractor, information and observations
obtained from visits to the Site, reports and drawings identified in the Contract Documents, and
all additional examinations, investigations, explorations, tests, studies, and data with the
Contract Documents.
I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents and the written
resolution thereof by Engineer is acceptable to Contractor.
J. The Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.
ARTICLE 7 - CONTRACT DOCUMENTS
7.1 CONTENTS
A. The Contract Documents which comprise the entire Agreement between The City of Fayetteville
and Contractor concerning the Work consist of the following and may only be amended,
modified, or supplemented as provided in this Agreement and in the GENERAL CONDITIONS:
1. This Agreement.
2. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed.
b. Contractor's Bid.
C. Documentation submitted by Contractor prior to Notice of Award.
February 23, 2022 00 52 00 - 6 AGREEMENT
100% Construction Documents
Skyler-Willowbrook-Evening Shade Service Line Replacement
Fayetteville, Arkansas
3. Performance, Payment, and other Bonds.
021-04415
a. The Performance and Payment Bond shall be one hundred percent (100%).
4. General Conditions.
5. Supplementary Conditions.
6. Specifications consisting of divisions and sections as listed in Table of Contents of
Project Manual.
7. Drawings consisting of a cover sheet and sheets as listed in the Table of Contents
thereof (Drawings), with each sheet bearing the following general title: Skyler-
Willowbrook-Evening Shade Service Line Replacement.
8. Addenda numbers 1 to , inclusive.
9. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other
documents amending, modifying, or supplementing the Contract Documents pursuant
to the GENERAL CONDITIONS.
ARTICLE 8 - MISCELLANEOUS
8.1 TERMS
A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the
meanings stated in the GENERAL CONDITIONS.
8.2 ASSIGNMENT OF CONTRACT
A. No assignment by a party hereto of any rights under or interests in the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be
bound; and specifically but without limitation, moneys that may become due and moneys that
are due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by Law), and unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor from any duty
or responsibility under the Contract Documents.
February 23, 2022 00 52 00 - 7 AGREEMENT
100% Construction Documents
Skyler-Willowbrook-Evening Shade Service Line Replacement
Fayetteville, Arkansas
8.3 SUCCESSORS AND ASSIGNS
021-04415
A. The City of Fayetteville and Contractor each binds himself, his partners, successors, assigns, and
legal representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in the
Contract Documents.
8.4 SEVERABILITY
A. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon The City of Fayetteville and Contractor, who agree that the Contract
Documents shall be reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the intention of the stricken
provision.
8.5 FREEDOM OF INFORMATION ACT
A. City contracts and documents prepared while performing city contractual work are subject to
the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented
to the City of Fayetteville, the Contractor will do everything possible to provide the documents
in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act
(A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA
may be assessed for this compliance.
8.6 LIENS
A. No liens against this construction project are allowed. Arkansas law (A.C.A. §§18-44-501
through 508) prohibits the filing of any mechanics of materialmen's liens in relation to this
public construction project. Arkansas law requires, and the Contractor promises to provide a
bond in a sum equal to the amount of this contract. Any subcontractor or materials supplier
may bring an action for non-payment or labor or material on the bond. The Contractor promises
to notify every subcontractor and materials supplier for this project of this paragraph and obtain
February 23, 2022 00 52 00 - 8 AGREEMENT
100% Construction Documents
Skyler-Willowbrook-Evening Shade Service Line Replacement
Fayetteville, Arkansas
021-04415
their written acknowledgement of such notice prior to commencement of the work of the
subcontractor or materials supplier.
IN WITNESS WHEREOF, The City of Fayetteville and Contractor have signed this Agreement and copies
have been provided to the Contractor and the City of Fayetteville. All portions of the Contract Documents
have been signed, initialed, or identified by The City of Fayetteville and Contractor.
This Agreement will be effective on
the Agreement.
CONTRACTOR:
Bv: Bryan Goodwin
(Type or legibly print)
st�( t
kcof�
(Signature)
Title: President
2022, which is the Effective Date of
CITY OF FAYETTEVILLE
Contractor shall attach evidence of authority to sign.
By: Lioneld Jordan
(Type or legibly print)
(Signature)
Title: Mayor
If Contractor is a corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution
authorizing Contractor's signature and execution of Agreement.
Further if Contractor is a corporation, corporate entity or LLC, Contractor shall also attach a copy of the
Contractor's Articles of Incorporation and a copy from the Arkansas State Secretary of State to document
that the corporation, corporate entity or LLC is in current "Good Standing" with the State of Arkansas and
such entity is permitted to perform work in the State of Arkansas.
February 23, 2022 00 52 00 - 9 AGREEMENT
100% Construction Documents
Skyler-Willowbrook-Evening Shade Service Line Replacement
Fayetteville, Arkansas
(SEAL)
Address for giving notices
3503 Free Ferry Road
Fort Smith, AR 72903
License No. 0016960422
Agent for Service of process
Bryan Goodwin, President
(Type or legibly print)
(Signat e)
(SEAL)
Attest
Address for giving notices
113 W. Mountain St.
Fayetteville AR 72701
021-04415
Contractor shall attach evidence of authority of Agent for Service process to sign. If Contractor is a
corporation, corporate entity or LLC, Contractor shall attach Corporate Resolution authorizing Agent for
Service process authority to sign.
February 23, 2022 00 52 00 - 10 AGREEMENT
100% Construction Documents
Skyler-Willowbrook-Evening Shade Service Line Replacement
Fayetteville, Arkansas
(If Contractor is a corporation, corporate entity
or LLC, attach evidence of authority to
sign.)
END OF SECTION 00 52 00
Approved as to Form:
By:
Attorney For:
021-04415
February 23, 2022 00 52 00 - 11 AGREEMENT
100% Construction Documents
Skyler-Willowbrook-Evening Shade Service Line Replacement
Fayetteville, Arkansas
THIS PAGE LEFT BLANK INTENTIONALLY
021-04415
February 23, 2022 00 52 00 - 12 AGREEMENT
100% Construction Documents
Arkansas Secretary of State
John Thurston
State Capitol Building ♦ Little Rock, Arkansas 72201-1094 ♦ 501-682-3409
Certificate of Good Standing
I, John Thurston, Secretary of State of the State of Arkansas, and as such, keeper of the records
of domestic and foreign corporations, do hereby certify that the records of this office show
GOODWIN & GOODWIN, INC.
authorized to transact business in the State of Arkansas as a For Profit Corporation, filed
Articles of Incorporation in this office June 1, 1993.
Our records reflect that said entity, having complied with all statutory requirements in the State
of Arkansas, is qualified to transact business in this State.
In Testimony Whereof, I have hereunto set my hand
and affixed my official Seal. Done at my office in the
City of Little Rock, this 6th day of April 2022.
C�
O ineerti$ ate Au�t� atn Code: 4c994838749edfb
To verity ttee uthorizattion Code, visit sos.arkansas.gov
�9tI3i2016 41858 4796-462659 H"1W AhID m
PAGE 01182
9 0
STAT 0�' AM
AN IS -OFFICE DY THE SECRETAR'a Igo; in
va OF ST?,TB
JMTICLIS OF XIMWWCV _PMW1 oil
l'YA
41:1
GOODWI N fi C4XDwjN, IyC. SY., .:
ThyUMOZIMigned, natural persons of ..the age of twent
years or moone
mort, acti�q as sncorporators of a eorpor�ti6
on Under the
Arkansas 8tts�ness Cozpozatior► act of ' 198'f, ad&ajwm the follo�r
articlaa of �ncarp�ratfon of such ccrporation: ing
FIRST: The name of the Corp'ratiott is:
G�dt►in & Goodwin Inc.
S�oND: The P a 03: purposes for wh"ich the Corporatiar� is
01MI'lalli�ed are:
To arigatjo in the -Constru
ction butlrIOSS iks a genaral 00ntr&Cftrand as a subcontractor, includjnq p�ua�bing contracting,
genera.]. co�strvctioti, and Il t�rpes of construction, aenter nd to
into co�xacts with property awrt�rs far the Also
of overcoats on their proFax"GY and the i.riotallatif)n at
Iumb r�q te�s d heat�t�q and six candit'oorsinq systerns, and
to 4ngaqw in rep:.fir work InClud,i,nq repay of V,jumb3tlY aystemIands
heating �d air aandtioningSY4t6X&iand all o o
f
repair math r.MrAft . to structures and "e systs�s th''AweO f, aid
to angago it remode�ir� Vorit, stud to Lanaago in al
00.1rIAM�uation, c�o�erc�al oo»etructiaa, and industrfa�
constructfon, ar�d to contract Stith respect two all of Sjueb
PUXWmw*,, and to own real estate &nd to constrt�ct IMIP-Tov�p,ents
therem end to sell paid zeal estate and to
dlap r�nl
estate develop�aent$ �nclud:�ng commercial, dar►d
irldustriai real *state devolopmes�ts, and to.enter into Leaseswith rollpect to AroP��Y oimed by this corporatocnion, and to
itti respQct to all of the above f ranesd puzpo�es,
and to conduct any lawful business AtUthorzaad by NO Arkanzag
• S��in�ss Corporation Act of Is 9117 a
The ccrporation, acting through its Berard a,f Diroctars, s}�a11
V
��au'tlsozi��to enter'into any genaral oz �i.mit� partnership
Y person, firm. or corporation for the purpas�s
of carrying out arky, of the objects or Pur of the
ati on.
THIRD The agqr�qate number of
have the authority to issu* is
starts which the c ation steal].
2.000 shares.
The desieach class , the number of gharso of each
class, or a stntthat the -shares o! ny class are without pay
value, ara as follows,
89/13/2816 149658 47,136462659 HANCINS AM PACE 132/182
NUM88R OP PAR VA—tm, p= SI�14R8 OR
Si3alR$S CIASS �$RIB� IFSTATEI�$NT THAT SNARES
� ) ARE vf:rw T PAR VALUE
2, 000 Ce�aaot� Kona
No Par
FOURTH: Tie addre.z,
cor 'tt z 8 of the initi�al risted office oP ifs
q�,r09 Texas Road, Foxt Smith , AR 72903,
and
the nam..... of the initial re,cjistezed agent at such adc}=gss
Bryan Goodw;n
The nU13Mber of Dir�ctgre� cp�stituting the ir�iti�2 13aarB of
ars is a rind they Will serve as directors until tho first
a t7�nua1 ml�t�t�g o� ii-,,hnauvehold�rs r until their sacs�saors are
elsCt�d ensd,,qustZified. The rivIRUez of directors to be s2eOt�d Ot a
al �estirsq c:aI:L.4bd,for that
carporatian b�c,�� owned of regard PU��'0 W'h�`n shares of tbfs
t-W-0,; and, the of dixeett�r� to be elected arehoiLdlers, shall be
ca1led far that PUrPQSG when sharps of this cc ��.a� meeting
earned of ra�vrd by core than twv shareholders, �ba�12 be
4
�'� 8O$rd ofhave tts� autnori to
the rectors to �xtBT�t allo�ed by the Ark-1k,
hssls
Corporation Act of :L9876
BZX�'As
MAKE
Thy n0as and address of Bach
Bryan a, in
Sara V vin
RZSS
9009 TOXOR Road
8 GO9 TeN.'al0 s Road
fncotgotator ie;
CITY a STJkTR
Fort- t,,, h-1�1�1R 7Z903
Fort 3tait2l , JM 729,03
SEVS�3: At all elections of birectar$ or thin corporatio. c-h-
0arri�older snail bentftled tnea as many votes aa shall equ'a,
�
I thgOfUTa rich (�XCOpt for thss.. pravfsion� as to"UsativeVOting) h� �utd b� ertit�t�d to cast for the 4Isctian of directorr,
with respect to his ShAres pIiQd by the nub o! t�frectars to
be �l�ctect, as�t he may cast a sucxi votes for a sfngle dirls.ctor,
or may d,-istri.but,* thorn amariq the number to'bt voted for, or any tmo
or ire of may see fit.
DAz�n: �'a io/ xy92
SIG�TURE OF I CO TORS:
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Section 3
Sectia�a 4
3tction S
Section 6
soQII 7
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AR�'ICLE VI
Section 1
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AR-Tl,-CU,, im
ARTICLE vW
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BX-LAWS
,LOA
ACLE RT!1
T"ha pudpai officc of the co�pos�tian e�U be locates at 3'503 Free Fc"Ro4 FDtS anith,
A&n 729,03.
E20 T
*)Fl� a,) r
$�Cr�Dtr 1 A�vrut �
'the aa�nal me�cirig of the sh�lders shalt be bdd dtuing the€an�#�t Laic Of the m�rtit of
Jwu�y in mch year, be,�iaai�g with the yet 1994, at a time c�nv�t to to, shareholders jr
the purpa�e Of elec4ng Direcbars �d £or iffie tr�saction of summsy caaue
s z s� atBs
b�► any tie wed by tau � b� the Boma of D�ro�ors sect s�au be All
f-
dblby the
P�d�d st the e+v�uat of tha I�c�idecs if sot less tt�ta ors tanth of all tyre OUb�g a Of
the ovrpccat�si rrooti�ed �o vale m�e at th+e m�eetiag.
s�cr�orr s PuceOp�,A�rrxc
T7�e �3c�+d of Dir�rs any► de�S� �4Y P� ��er a►itMz� a wltbrout tie OfArlu�as,
is the pLce of u�a�ag has spry Dual o9r �ciaTi meeting of s�ahaldea�. If � AS � is
made, the pbce of m�etiag ei�I be tt� mcipa2 off cx c�tbie cacpor.
secRox 4 Nm,=,a o� M
Writ,tea or pnint,�ct notice s�iag tine plax, c1aY �d how of the s�tiag � in c� of a e�peclal
jnew�titw. the ptapo�e or pvrpo�es �r which tau m+�ng i� callod, aha11 be tklivered no, less
tiu� ten or mom thsa fly dsy� beSoQ+c the ds�e f the n�ng, either paso�ally yr by. aZait, by
or. at tine d�reatit� of tie President, a� t}�e Aft, or the offi�oe�r or p ca�liag tie
mealiag. to each s alder of �co�ci ebtitiad to vote at such mom. If m�ilad, Bch aaticc
sbe�11 be d�ae�tud to be d�i�ered wl�n dep�i�ed in tine United S� mail, ad,dr�d to the
s klar �t the $l�uei�atder's as it a on � s�ori� try bcolu of the
� with P�Se pe�md.
s s Qur�uv
A msjori�y of dye o��sndiag Oftba carporatia� �tit�cd to vo�e, ree d is won or
��3' F�xY: sb,allll cos�stitut� a quantian at i raxbag of s"el�aIdas. I., f lei them a m�joruy of the
au�diag abare� ars rep��d rt a mew. a m�ity of tine ago rep�eO�ed may
sdjow'n tive meetiag $'oni time tO lino further r�iex. Apt
such ac3jc d m�eet�aag at
89J1312816
156081 4796462659
PAGE 0,5,/ 89
which a quorum wall m Peat or t+epre�iod, anY maY be t�tsa�ed which might
ve �y not!1aban aral�ed.
gi �& " 11 vPIj&tjw4i-k � 4F �v
At all mecting� Of shareholders, IL sharehoidec may vote by "Proxy led in wn,,iag by the
shaz�ehaldar or by the shla Idea's duly stub,rized any fact. Such proxy shall be filed
with t}�e Recpiry► of the oorpa�ation bdo�+e or at the time of tree meaii�g. No �rroxy shall be
valid ai r eleven moaths the date of its execution, tmless oth�ise p�vided in tie p�nocy.
S,-Z-,�,TTox 7vorl� oFS
Sub, jec� bo the psoviaiaaa of �Ctivn 9, each Ecy sl�are e�itlod to vie mull be errtitled to
one vote upon Bch me�ec sni�itted to � vote at a mee�ag of sbau�holda�.
ju. � P�rprrr�R�cfns
Each Awl F of shares in this corpo�anon abaft lave the fist right to Pie shames (sad
securltiea ct�aveib'ble iato ) of bo freers time to time issaod
(wi�atiter or ac t pa+�tty asILaeized}, iacluditag sba�+es fi�om ttze y a� this eorpoa�iom, is
tine ratio tbat tha mtmber of a� held by call molder at the time of i�awe bears to tie total
mm�b�r of sha�sr� rn�dmg, e�us�iva of tt+easury shares. '�'kia sig�rt shall be waived
by �► a�eholdar wbo does satAML s� p�aapted within thnty (30)
da3rss of receipt of a nacic� in writing ;&� � corporatia� a�iag �e p�ioes, �ma s�
oanditi�s cf tits isau+e of si�ea said inviting said holds to exar�iae his pc eemp�iive rights.
d
sira of fhe eorporati,o� sl�atl b� mana�e8 by its Ba�+� caf Directors.
S�crrt�t 2 NIAsR �QuAr�s
'T'he luLFubta of Dxtnctoss of the o� mil be taro. Each directio+r st�Il i�lti mztil
- wwww,of sharehold
c�ar
ers cud �til the Diro'� aacoee�or shall I�+a bem
Sort 3 R�Gur.��
AL egeilar melting of the Bosxd of Divftlm, shall be held without other thaa this by-law
mme ely mar, a� atplace as, the anaaal mectiag of shyholders. The Board of
Dirad�oxs rnsy Provide, bl► �, the tine sad place, eiti�er within or t1u Static of
fay t}u holdir� of additic�at regul� meabnge wi#baut at]� notice IOU sash
:+�olunon.
sccr� 4 w.R,,,uAf
A m�o�ity of the m�b�C of n ora $yea bysue. a of- Chia Arte III shall c0- I .ae a
a
HA NCiNS AND CO PAW 86/139
quor�n Soatine tcsas�tio�a of b � �Y �dng of the Ham of Dfttctom but if lei rhea
� �°i�' a & a m��► of the Diractors t may adjourn the
fl�ft al tie totime vvit}rout fvrth�er not�ce.
S'9=04 S �R o�Acznwc
The reef of t� majority of Dmctas Ff at a moetang at which is pit shall
be � act of the Hard of Diraetors.
SEC�'ION 6 co
By Maw ofAt A sythar
of the Bosr� of Directors, andand
if any, for
of the Board of sum fur
ft�o�m ors. No auch PtYm�t shell p�acit�ide arny
oo�pora�on is sny . . . . . other ► a� � �
9�t 7 PA=Aoq7W,, CW�
A DlrecO�r of the cospc�r wbn is pcaeeat at a meetiIF
ng of �e Beard of
scion c� aJTY oWuch
'P�e m�a is mall be pined do assent to Um�s the
D,awe.3 disci si�i be mtased is the atinubes, �tbe meeting o� unieaa tI� Director shah file
a wrifx�n dia�nt to aciicn with the km �iag as Oita Smeary of tyre meeting be�or� the
adjouc�o�at #�te�o� or shall f award dissent by regis�d mail tp ttt,e .,Now of tine
coxpo�ation fmm�istely ati� tide a�djoiaament of the Wig„ 9u� right bo dissent aEmll not
�FP1Y to a wlso varoad is Ivor a�at�h ac�a�.
IV oF�rc�s
Sscrrox i No�t�aIR
'Y� o�ioera of tbthe-mad,an �11 be a Pit ar�d a cry a+bc�m �aIl be elected by the Board of I)ir�ecta�s. Any tti+a�o or mc�+e cts� m:y be held b3► the see person,
eattcept she o�%ea of Pnsicknt �d
SecrtoN 2 TF OF OPa
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HAWIW AND.,D PAGE 89l89
AR,TICLE IX SKI AL
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have instibed thr, five �me of the cOrpoaation is conditions peryvided by law.
ARTICLE ia �NA�[ENTs
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Vl mmttvofieof tine B�srd OfDbMAo�s st ffiny r�gzilsr of spacial moetmg �f the Board of
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DxRECTC3R
6
CITY OF
FAYETTEVILLE
ARKANSAS
BID TABULATION
BID 22-26, CONSTRUCTION - SKYLER SUBDIVISION WATER SERVICE LINE REPLACEMENT
DEADLINE: TUESDAY, APRIL 5, 2022 BEFORE 2:00 PM, LOCAL TIME
Certified Funds $ 600,000.00
25% Additional Allowance Allowed Per State Law $ 150,000.00
Maximum Award Amount $ 750,000.00
SUMMARY OF ALL BID SCHEDULES
Goodwin & Goodwin, Inc. Goins Enterprises Inc.
TOTAL BASE BID $ 603,630.00 $ 779,770.00
Goodwin & Goodwin. Inc.
Goins Enterprises Inc
Line
Description
UOM
QTY jUnit
Extended
jUnit
Extended
1
Mobilization
LS
1
$30,000.00
$30,000.00
$34,000.00
$34,000.00
2
Bonds and Insurance
LS
1
$15,000.00
$15,000.00
$11,000.00
$11,000.00
3
Roadway Asphalt Removal and Repair
SY
125
$250.00
$31,250.00
$234.00
$29,250.00
4
Concrete Pavement Driveway Repair
SF
19950
$14.00
$279,300.00
$18.00
$359,100.00
5
Concrete Pavement Sidewalk Repair
SF
1120
$14.00
$15,680.00
$11.00
$12,320.00
6
Service Line Replacement on Same Side of Street as Waterline
EA
17
$2,200.00
$37,400.00
$3,300.00
$56,100.00
7
Service Line Replacement on Opposite Side of Street as Waterline
EA
40
$4,000.00
$160,000.00
$6,000.00
$240,000.00
8
Incidentals
LS
1
$25,000.00
$25,000.00
$20,000.00
$20,000.00
9
Sediment and Erosion Control
LS
1
$8,000.00
$8,000.00
$5,000.00
$5,000.00
Trench and Excavation Safety Systems, as required by Act 291 of the
10
1993 Arkansas General Assembly
LS
1
$2,000.00
$2,000.00
$13,000.00
$13,000.00
Total $603,630.00 $779,770.00
Jonathan Smith
Jonathan Smith, Purchasing Agent
Andrea F o re n Digitally signed by Andrea Foren
Date: 2022.04.07 16:34:43-05'00'
Andrea Foren, Purchasing Manager
Digitally signed by Jonathan Smith
Date: 2022.04.06 13:26:53-05'00'
Date
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Stricken language would be deleted from and underlined language would be added to present law.
Act 605 of the Regular Session
State of Arkansas As Engrossed: H3111121
93rd General Assembly A Bill
Regular Session, 2021 SENATE BILL 386
By: Senator A. Clark
By: Representative Love
For An Act To Be Entitled
AN ACT TO AMEND THE LAW CONCERNING RETAIL WATER
PROVIDERS AND RELATED SERVICE; AND FOR OTHER
PURPOSES.
Subtitle
TO AMEND THE LAW CONCERNING RETAIL WATER
PROVIDERS AND RELATED SERVICE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code Title 14, Chapter 234, is amended to add an
additional subchapter to read as follows:
Subchapter 8 — Oversight of Retail Water Providers
14.234-801. Findings — Definitions.
a The General Assembly finds that:
1 Oversi l,r. of providers in the state is primarily handled_by
the Arkansas Natural Resources Commission and the Department of Healthp
_2) The oversight of these providers is spread out and results
in the inability of a single state entity to monitor and help initiate
necessary changes in public access of water, rate structures, the
sustainability of the providers, and the protection of _consumer rights;
t3) While local control is important, the current landscape of
providers has the potential to create inefficiencies in service and
instability in fiscal management;
(4) Combining smaller providers. may be necessary in some areas
03-11-2021 13:32:49 KLL115
As Engrossed: H3/11/21
SB386
1 in order to guarantee dependable and plentifulprovision of water and to
2 avoid unsustainable rate increases;
3 (5) Many providers have an aging workforce and there is a need
4 for education of the governing bodies of these providers concerning the
5 im ortance of recruiting and retaining an expert workforce; and
6 (6) Training of local, state, and federal leaders on issues_
7 surrounding provider personnel, finances compliance, and environmental
8 factors is needed.
9 (b) As used in this subchapter_
10 (1) "Commission" means the Arkansas Natural Resources
11 Commission
12 W "Provider" means any provider of retail water service; and
13 3 "Provider board" means the governing body of a rovider,
14 whether the governing body is organized as a board, commission, committee,
15 council or other type of entity.
16
17 14-234-802. Fiscal distress — Improvement vlans — Rates and rate
18 studies.
19 (a)(1) For the purposes of this section a provider is in fiscal
20 distress if the provider:_
21 (A) Fails to obtain a rate study as required under this
22 sectiflpt
23 (B) Fails to implement a completed rate study required
24 under this section; or
25 (C) Has been found by the commission to be in significant
26 noncompliance with rules of the commission because of inadequate funds for
27 operation and maintenance or inadequate compliance with rules of the
28 commission.
29 (2) A provider may be found by the commission to be subject to
30 this section if a member of theprovider's board does not receive the
31 training required under § 14-234-805.
32 (b) The commission shall maintain and publish on the commission's
33 website a list of providers in fiscal distress.
34 (c)(1) A provider shall obtain a rate study on the following schedule:
35 (A) By July 1, 2024, and every five (5) years thereafter
36 for a provider that serves five hundred (500) or fewer customers;
2 03-11-2021 13:32:49 KLL115
As Engrossed: H3/11/21
SB386
1
2
fora provider
(B) By July 1, 2025s and every
that serves five hundred one (501)
five (5) nears thereafter
to one thousand (1,000)
3
customers; and
4
(C) By July 1 2026 and every
five (5) years thereafter
5
fora provider
that serves more than one thousand
(1,000) customers.
6
(2)(A)
Rates shall adequately address
costs for-
7
i Operation and maintenance;
8
ii Debt service;
9
(iii) Required reserves;
10
iv Depreciation;
11
Iv) Future capital expenses;
12
(vi) An annual audit or agreed
-upon Procedures and
13 compilation report; and
14 (vii) Other expenses as necessary.
15 (B)(i) The rates recommended in the rate study that is
16 obtained and chosen by the provider shall be implemented by the provider in
17 the manner provided under the applicable law for Modifying rates.
18 (11) Except as provided in subdivision
19 c (2)(B iii of this section an increase in rates recommended in the rate
20 studv shall be implemented within one 1 ear of the receipt of the rate
21 study.
22 iii) If recommended rates increase theprovider's
23 rates by fifty percent 50%) or more from the fiscal year before the rate
24 study was completed, the provider may hase in the rate increase over a two-
25 year period.
26 W LI) The commission shall determine by rule the requirements of the
27 rate study l_including without limitation a review of rhpprovider's
28 refurbishment and replacement account and asset management -Plan.
29 2} A The rate study shall use as its basis the guidelines of
30 the American Water Works Association and the Water Environment Federation
31 B The commission shall determine by rule an appropriate
32 entity to provide guidelines for the rate study to use as its basis if
33 guidelines of the American Water Works Association and the Water Environment
34 Federation are unavailable.
35 e A provider shall deposit a minimum of five percent (5%) per annu_m
36 of gross revenues in a dedicated refurbishment and replacement account within
3 03-11-2021 13:37.:49 KLL115
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As Engrossed: H3/11/21 SB386
twelve (12) months of implementation of the rate unless a different amount
is determined by a rate study.
f 1) The commission shall maintain an approved list of entities to
conduct rate studies required by this section including without limitation
the Arkansas Rural Water Associationprofessional engineers, certified
public accountants, economists, and actuaries.
2 if a Rrovider chooses an entity to conduct the rate stud
that is not on the approved list of entities, the entity is required to have
conducted at least one (1) rate study in the state in the previous five-year
period.
(g)(1) To ensure fiscal soundness, the commission shall consider and
approve anew provider with fewer than three hundred 300 customers within
the proposed service area only if:
(A) The commission determines that public health or the
environment is threatened without the approval of the new provider; or
(B) There is no other viable alternative.
2 A new provider With fewer than three hundred 300 customers
seeking approval shall:
(A) Be organized through a political subdivision,_
including without limitation an improvement district, a count, or a
municipality;
(B) Demonstrate the ability to remain fiscal)
sustainable; and
(C) Complete a technical,_ financial and managerial
capacitV review conducted by the commission.
(h)(1) A provider that plans to undertake_a major development project
shall obtain a rate study or amend the Provider's existing rate study before
beginning the major development project to include consideration of the
financial impact of the major development project on the fiscal
sustainability of the provider.
2 As used in this subsection "major development project"
means a project that exceeds twenty percent 20%of gross revenues of the
provider for the immediately precedingfiscal year.
W A provider shall file its most recent rate study annually with
Arkansas Legislative Audit at the same time the provider files its audit
report or agreed -upon procedures and compilation report as required under §
4 03-11-2021 13:32:49 KLL115
As Engrossed: H3/11/21
SB386
1 14-234-120.
2 ( )(1) The commission shall annually identify and notify a provider if
3 the provider is in fiscal distress.
4 2 The provider may appeal the finding to the Pulaski Count
5 Circuit Court.
6 k 1 A provider found to be in fiscal distress shall file an
7. improvement plan with the commission -,including without limitation specific
8 action to be taken to correct financial technical and managerial
9 deficiencies within nines 90 days of the finding of fiscal distress.
10 2)(A) Upon receipt of the improvement plan under this
11 subsection the commission shall review the improvement plan and:
12 (i) Approve the improvement plan in whole or in
13 part;
14 (ii) Modify the improvementplan; or
15 (111) Deny the improvement plan.
16 (B) At the time the commission determines that the
17 provider is no longer in fiscal distress, the commission shall remove the
18 fiscal distress designation and notify the provider.
19 Z If a provider is found to be in fiscal distress, the provider
20 shall not receive state financial assistance for water operations until an
21 improvement plar that has been a roved by the commission is in place, unlc3a
22 the financial assistance is immediately necessary to ensure preservation of
23 thepublic peace, health, and safety_, as determined by the commission.
24 (m) If the provider is found to be in fiscal distress, the provider
25 shall obtain written authorization from the commission to:
26 1 Incur additional debt,,
27 ? Accept acoiatancc for the refurbishment or re laeemeaL of
28 facilities or construction of facilities not within theprovider's
29 im rovement Ian• or
30 (3) Transfer assets to another entity.
31
32 14-234-803. Workforce recruitment and retention — Education.
33 AAProvider shall:
34 1 Work with the Association of Arkansas Counties and the
35 Arkansas Municipal League to develop training for leaders of the county or
36 municipalit
5 03-11-2021 13:32:49 RLL115
As Engrossed: H3f11/21
SB386
1 (2)
Provide
suitable compensation and
incentives to encourage
2 individuals to
consider
a career with the rovider•
and
3 (3)
Promote
the recruitment, education,
and licensing of
4 employees of the provider.
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6
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14-234-604. Municipal providers — Provision of water to nonresident
customers — Advisory committee.
a 1 If a municipal provider is unable or unwilling to provide
service to a nonresident property owner residing in theprovider's service
area the commission may require the municipal provider to release the
nonresident property owner to a willing provider.
(2) If required by the willing provider, a nonresident property
owner may be re uired to pay the costs of necessary extensions to connect to
the willing provider.
(3) A municipal provider shall not release a service area of the
municipal provider if the release would invalidate or encumber the issuance
or retirement of a bond, promissory note, or certificate of indebtedness
related to the service area.
b)(1) A municipal provider that is willing to provide service to
areas outside the municipal boundaries and within its service area shall do
so through an application made by the affected property owner or through an
agreement executed by the municipal provider and the affected_prnPerty owner.
2 If the municipal provider has a prerequisite that the
affected property owner annex into the municipal boundaries before providing
service, the prerequisite shall be clearly defined in an application or
agreement.
(3) Failure to clearly define any annexation requirement within
the application or agreement prohibits the municipal provider from requiring
annexation in exchange for service for those areas without a reement from the
affected property owner.
c) 1 If a municipal provider services customers outside the
municipal boundaries of the municipal provider and the number of those
customers outside the municipal boundaries and in unincorporated areas equals
or exceeds tventy percent 20% of the total customer base of the municipal
provider, a nonvoting advisory committee to the municipal provider board
shall be created by the governing body of the municipality in which the
6 03-11-2021 13:32:49 KLL115
As Engrossed: H3/11/21 SB386
1 municipal provider is located.
2 2) The makeup and duties of an advisory committee created under
3 subdivision c L of this section shall be determined by the governing body
4 of the municipality that creates the advisory committee.
5 3 Two 2 nonresident customers from the area served outside
6 the municipal boundaries and in unincorporated areas shall serve on the
7 advisory_ committee.
8 (d) The commission shall intervene if a municipal provider:
9 (1) Is prohibited from providing water to potential customers
10 within the municipalprovider's service area by the political subdivision
11 under which the municipalprovider is organized;
12 2 Practices business irresponsibly in relation to consumer
13 ri h� t� yr
14 3 Is not following best management practices in providing
15 water service.
16 e) Except as otherwise provided in this section a consumer shall not
17 be denied access to service if suitable distribution and collection
18 infrastructure already exists or if the consumer is willing to pay for
19 suitable distribution and collection infrastructure unless:
20 1 A municipal Provider has made the decision not to extend
21 service outside the municipal boundaries. of the municipal provider;
22 2 An engineering, capacity, physical feasibility, or fiscal
23 feasibility issue exists as determined by a professional engineer or
24 certified public accountant; or
25 3 A consumer does not submit an application or enter into an
26 a reement under subsection b of this section.
27
28 14-234-805. Training.
29 a)1 A Within one (1) yyear of election or appointment, a majority
30 of the members of a provider board shall receive a minimum of eight (8) hours
31 of provider training as promulgated by rule of the commission.
32 (B) A member of a provider board as of January 1, 2021,
33 shall receive the training required under this section by December 31 2022.
34 2 If a maiority of the members of a rovider board do not
35 receive the training required under this section the commission ma find the
36 provider is subject to § 14-234-802.
7 03-11-2021 13:32:49 KLL115
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As Engrossed: H3/11/21
SB386
(3) This section does not apply to a_member of a provider board
who has served on the provider board for ten (10) years or more.
(b) The commission shall consult with an advisory training board for
the development of the training required under this section, whose members
shall include without limitation:
(1) The Secretary of the Department of Health or his or her
designee;
2) The Director of the Arkansas Natural Resources Commission or
his or her designee:
(3) The State Director of the United States Department of
Agriculture Rural Development in Arkansas or his or her designee;
(4) The Chief Executive Officer of the Arkansas Rural Water
Association or his or her designee;
(5) The Executive Director of the Association of Arkansas
Counties or his or her designee;_
(6) The Executive Director of the Arkansas Municipal League or
his or her designee;
(7) The Chief Executive Officer of Central Arkansas Water or his
or her designee;
(8) T The Chair of the Board of Directors of Communities
Unlimited, Inc. or his or her designee;
(9) The Chair of the Arkansas Water. Works and Water Environment
Association, Inc. or his or her designee;
(10) The Director of the Arkansas Environmental Training Academy
or his or her designee;_
(11) -The Chair of the House Committee on City, County, and Local
Affairs;
(12) The Vice Chair of the House Committee on City, County, and
Local Affairs;
(13) The Chair of the Senate Committee on City, County, and
Local Affairs;
(14) The Vice Chair of the Senate Committee on City, County, and
Local Affairs; and
(15)__The President of the Arkansas Water and Wastewater Managers
Association.
8 03-11-2021 13:32:49 KLL115
As Engrossed: H3/11/21
SB386
1 14-234-806. Rules.
2 The commission shall promul ate rules necessary to implement this
3 subchapter.
4
5 14-234-807. Applicabilit .
6 This subcha ter does not apply to:
7 1 A water system regulated by the Arkansas Public Service
8 Commission as a ublic utility under § 23-1-101 9
9 Q2 A municipal utility system owned or operated by a
10 Municipality that Provides electric service to retail customers in addition
11 to water service includinA an electric s stem:
12 A Managed or operated by a nonprofit corporation under
13 14-199-701 et seg.; or
14 B Owned or o erated by a municipality or by a
15 consolidated utility district under the General Consolidated Public Utility
16 S stem Improvement District Law, 14-217-101 et seg.;
17 (3) A privately owned provider that supplies the majority of its
18 retail water service to nonresidential customers; or
19 4 A water system opera ed iointly between two (2)
20 municipalities in which each municipality is located in a different state.
21
22
SECTION 2.
TEMPORARY LANGUAGE. DO NOT CODIFY. Rules.
23
a When
adopting the initial rules to implement this act
the
24
commission shall
file the final rules with the Secretary of State
for
25
adoption under §
25-15.-204(f):
26
1
On or before January 1 2022• or
27
2
If a rova.1 ender § 10-3-309 has aot occurred by
January 1
28
2022 as soon as
practicable after approval under § 10-3-309.
29
h The commission shall file the proposed rules with the
Legislative
30
Council under j
10-3-309 c sufficiently in advance of January 1
2022 so
31
that the Legislative
Council may consider the rules for approval
before
32
January 1, 2022.
'
33
34
Is/A. Clark
35
APPROVED: 415/21
36
9 03-11-2021 13:32:49 KLL115
kk ARKANSAS DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES DIVISION
RETAIL WATER PROVIDER BOARD OF DIRECTORS
TRAINING CIRRICULUM
Updated April 8, 2022
Per Act 605 of 2021, within one (1) year of election or appointment, a majority of the members of
a retail water provider board shall receive a minimum of eight (8) hours of provider training. A
member of a provider board on January 1, 2021, shall receive the training required under this
section by December 31, 2022. If a majority of the members of a provider board do not receive
the training required under this section, the Arkansas Natural Resources Commission may find the
provider is in fiscal distress. These requirements do not apply to a member of a provider board
who has served on the provider board for ten (10) years or more.
Minimum Training Requirements
Length — 8 Hours
Style — Virtual or In -person
Required Topics
1. State and Federal Rules
a. Act 605 of 2021
b.
Arkansas State Board of Health - Rules
c.
Safe Drinking Water Act
d.
Arkansas Water Operator Licensing Law
e.
Federal Lead and Copper Rules
2. Board
Organization and Governance
a.
Types of Water Provider Boards
b.
Member Roles and Responsibilities
i. Legal
ii. Fiduciary
iii. Financial
c.
Arkansas Freedom of Information Act
i. Meeting Notifications
ii. Open Meeting Laws
iii. Executive Sessions
iv. Records including emails
v. Recording Meetings
d. Conducting Meetings
i. Agendas
ii. Minutes
Page 1 of 2
iii. Records
iv. Parliamentary Procedures
e. Policies and Ordinances
f. Personnel Management
g. Community Relations and Customer Service
3. Financial Management
a. Budgets
b. Rate Setting
i. Operation and Maintenance Expenses
ii. Debt Service
iii. Refurbishment and Replacement Accounts
iv. Depreciation Expenses
v. Rate Design
vi. Debt Service Coverage
c. Asset Management Plans
d. Long Term Financial Planning
e. Long Term Capitol Project Planning
f. Bids and Contracts
g. Annual Audits, Agreed -Upon Procedures and Compilation Reports
h. Record Keeping
4. Water System Operation
a. Water System Operator guidelines including the need to hire responsible,
dependable and adequately compensated operators
b. Treatment and Distribution
c. Water Quality
d. Water Loss
e. Risk and Resiliency Assessments and Emergency Response Plan
f. Protecting your Water Source
g. Reports and Assessments
5. Technical Assistance Resources
Training Providers
The Natural Resources Division of the Arkansas Department of Agriculture will maintain a list
of approved training providers and training classes. A training provider wanting to be included
on the approved list shall submit a copy of their proposed curriculum to the Division for
concurrence that the proposed class meets the minimum requirements listed above. Training
providers must also demonstrate to the Division how they intend to insure attendance and a level
of comprehension from attendees. Training Providers will, upon successful, completion of an
approved training class, issue a certificate to each attendee certifying the successful completion
of the class and will include a unique identifier from the attendee which is the last four digits of
the attendee's social security number and the first three letters of the attendee's last name. A list
of the attendees that successfully completed the training, including the unique identifier number
shall be forwarded to the Division within 30 days.
Page 2 of 2
Fayetteville NE Relo AR / 588413
WATER TOWER LEASE AGREEMENT
This Water Tower Lease Agreement ("Agreement"), made this day of
, 20 between The City of Fayetteville, Arkansas, with an address
of 113 W. Mountain Street, Fayetteville, Arkansas 72701, hereinafter designated
LESSOR and Cellco Partnership d/b/a Verizon Wireless, with its principal offices at
One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone
number 866-862-4404), hereinafter designated LESSEE. LESSOR and LESSEE are at
times collectively referred to hereinafter as the "Parties" or individually as the
"Party".
WITNESSETH
In consideration of the mutual covenants contained herein and intending to be
legally bound hereby, the Parties hereto agree as follows:
1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain
space ("the Tower Space") on LESSOR's water tower, hereinafter referred to as the
"Tower", located at 1044 E. Township Street 2 Fayetteville, Arkansas 72703, as
shown on the Tax Map of the County of Washington as Parcel No. 765-15987-002 and
as further described in Instrument No. 2020-00044420 as recorded in the Office of the
Clerk for Washington County, Arkansas (the entirety of LESSOR's property is referred
to hereinafter as the "Property"), together with a ' by' parcel of land containing
square feet (the "Land Space"), together with the non-exclusive right ("the Right
of Way") for ingress and egress, seven (7) days a week, twenty-four (24) hours a day,
on foot or motor vehicle, including trucks, and for the installation and maintenance
of utility wires, poles, cables, conduits, and pipes over, under or along a foot
(') wide right-of-way extending from the nearest public right-of-way,
, to the Land Space; and together with any further rights of way (the
"Further Rights of Way") over and through the Property between the Land Space and
the Tower Space for the installation and maintenance of utility wires, poles, cables,
conduits, and pipes. The Tower Space, Land Space, Right of Way and Further Rights
of Way, if any, are substantially described in Exhibit "A", attached hereto and made
a part hereof demised premises and are collectively referred to hereinafter as the
"Premises".
In the event any public utility is unable to use the Right of Way or Further
Rights of Way, the LESSOR hereby agrees to grant an additional right-of-ways)
either to the LESSEE or to the public utility at no cost to the LESSEE.
4873-4396-4168v1
3000002-201820 01/06/2022
LESSOR hereby grants permission to LESSEE to install, maintain and operate
the radio communications equipment, antennas and appurtenances described in
Exhibit "B" attached hereto.
LESSEE reserves the right to replace the aforementioned equipment with
similar and comparable equipment provided said replacement does not increase
tower loading of said Tower.
2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the
Property and the Premises, and said survey shall then become Exhibit "C" which shall
be attached hereto and made a part hereof, and shall control in the event of boundary
and access discrepancies between it and Exhibit "A". Cost for such work shall be
borne by the LESSEE.
3. TERM; RENTAL; ELECTRICAL.
a. This Agreement shall be effective as of the date of execution by
both Parties, provided, however, the initial term shall be for five (5) years and shall
commence on the Commencement Date (as hereinafter defined) at which time
rental payments shall commence and be due at a total annual rental of Thirty -Six
Thousand and 00/100 Dollars ($36,000.00) to be paid in equal monthly installments
on the first day of the month, in advance, to LESSOR at 113 W. Mountain Street,
Fayetteville, Arkansas 72701 or to such other person, firm or place as LESSOR may,
from time to time, designate in writing at least thirty (30) days in advance of any
rental payment date by notice given in accordance with Paragraph 23 below. The
Agreement shall commence on the first day of the month following the date LESSEE
commences installation of LESSEE's equipment on the Premises (the
"Commencement Date"). LESSOR and LESSEE agree that they shall acknowledge
in writing the Commencement Date. LESSOR and LESSEE acknowledge and agree
that initial rental payment(s) shall not actually be sent by LESSEE until thirty (30)
days after a written acknowledgement confirming the Commencement Date.
Upon renewal of each 5-year term, rental payments made by LESSEE to
LESSOR shall increase by ten percent (10%).
Upon agreement of the Parties, LESSEE may pay rent by electronic funds
transfer and in such event, LESSOR agrees to provide to LESSEE bank routing
information for such purpose upon request of LESSEE.
b. For any party to whom rental payments are to be made, LESSOR or
any successor in interest of LESSOR hereby agrees to provide to LESSEE (i) a
completed, current version of Internal Revenue Service Form W-9, or equivalent; (ii)
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complete and fully executed state and local withholding forms if required; and (iii)
other documentation to verify LESSOR's or such other party's right to receive rental
as is reasonably requested by LESSEE. Rental shall accrue in accordance with this
Agreement, but LESSEE may not deliver rental payments for up to 90 days after the
requested documentation has been received by LESSEE
C. LESSOR shall, at all times during the Term, provide electrical
service and telephone service access within the Premises. If permitted by the local
utility company servicing the Premises, LESSEE shall furnish and install an
electrical meter at the Premises for the measurement of electrical power used by
LESSEE's installation. In the alternative, if permitted by the local utility company
servicing the Premises, LESSEE shall furnish and install an electrical sub -meter at
the Premises for the measurement of electrical power used by LESSEE's
installation. In the event such sub -meter is installed, the LESSEE shall pay the utility
directly for its power consumption, if billed by the utility, and if not billed by the
utility, then the LESSEE shall pay the LESSOR thirty (30) days after receipt of an
invoice from LESSOR indicating the usage amount based upon LESSOR's reading
of the sub -meter. All invoices for power consumption shall be sent by LESSOR to
LESSEE at Verizon Wireless, M/S 3846, P.O. Box 2375, Spokane, WA 99210-2375.
LESSEE shall be permitted at any time during the Term, to install, maintain and/or
provide access to and use of, as necessary (during any power interruption at the
Premises), a temporary power source, and all related equipment and
appurtenances within the Premises, or elsewhere on the Property in such locations
as reasonably approved by LESSOR. LESSEE shall have the right to install conduits
connecting the temporary power source and related appurtenances to the
Premises.
4. EXTENSIONS. This Agreement shall automatically be extended for four
(4) additional five (5) year terms unless LESSEE terminates it at the end of the then
current term by giving LESSOR written notice of the intent to terminate at least six
(6) months prior to the end of the then current term. The initial term and all
extensions shall be collectively referred to herein as the "Term".
5. TAXES. LESSOR shall invoice and LESSEE shall pay any applicable
transaction tax (including sales, use, gross receipts, or excise tax) imposed on the
LESSEE and required to be collected by the LESSOR based on any service, rental
space, or equipment provided by the LESSOR to the LESSEE. LESSEE shall pay all
personal property taxes, fees, assessments, or other taxes and charges imposed
by any Government Entity that are imposed on the LESSEE and required to be paid
by the LESSEE that are directly attributable to the LESSEE's equipment or
LESSEE's use and occupancy of the Premises. Payment shall be made by LESSEE
within 60 days after presentation of a receipted bill and/or assessment notice which
3
is the basis for such taxes or charges. LESSOR shall pay all ad valorem, personal
property, real estate, sales and use taxes, fees, assessments or other taxes or
charges that are attributable to LESSOR's Property or any portion thereof imposed
by any Government Entity. LESSEE shall have the right, at its sole option and at its
sole cost and expense, to appeal, challenge or seek modification of any tax
assessment or billing for which LESSEE is wholly or partly responsible for
payment. LESSOR shall reasonably cooperate with LESSEE at LESSEE's expense
in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth
in the preceding sentence, including but not limited to, executing any consent,
appeal or other similar document. In the event that as a result of any appeal or
challenge by LESSEE, there is a reduction, credit or repayment received by the
LESSOR for any taxes previously paid by LESSEE, LESSOR agrees to promptly
reimburse to LESSEE the amount of said reduction, credit or repayment. In the
event that LESSEE does not have the standing rights to pursue a good faith and
reasonable dispute of any taxes under this paragraph, LESSOR will pursue such
dispute at LESSEE's sole cost and expense upon written request of LESSEE.
6. USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises
for the purpose of constructing, maintaining, repairing and operating a
communications facility and uses incidental thereto. All improvements, equipment,
antennas and conduits shall be at LESSEE's expense and their installation shall be
at the discretion and option of LESSEE. LESSEE shall have the right to replace,
repair, add or otherwise modify its utilities, equipment, antennas and/or conduits
or any portion thereof and the frequencies over which the equipment operates,
whether the equipment, antennas, conduits or frequencies are specified or not on
any exhibit attached hereto, during the Term. It is understood and agreed that
LESSEE's ability to use the Premises is contingent upon its obtaining after the
execution date of this Agreement all of the certificates, permits and other approvals
(collectively the "Governmental Approvals") that may be required by any Federal,
State or Local authorities as well as satisfactory soil boring tests and structural
analysis which will permit LESSEE use of the Premises as set forth above. LESSOR
shall cooperate with LESSEE in its effort to obtain such approvals and shall take no
action which would adversely affect the status of the Property with respect to the
proposed use thereof by LESSEE. In the event that (i) any of such applications for
such Governmental Approvals should be finally rejected; (ii) any Governmental
Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn
or terminated by governmental authority; (iii) LESSEE determines that such
Governmental Approvals may not be obtained in a timely manner; (iv) LESSEE
determines that any soil boring tests or structural analyses are unsatisfactory; (v)
LESSEE determines that the Premises is no longer technically or structurally
compatible for its use, or (vi) LESSEE, in its sole discretion, determines that the use
of the Premises is obsolete or unnecessary, LESSEE shall have the right to terminate
n
this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given
to LESSOR in writing by certified mail, return receipt requested, and shall be
effective upon the mailing of such notice by LESSEE, or upon such later date as
designated by LESSEE. All rentals paid to said termination date shall be retained
by LESSOR. Upon such termination, this Agreement shall be of no further force or
effect except to the extent of the representations, warranties and indemnities made
by each Party to the other hereunder. Otherwise, the LESSEE shall have no further
obligations for the payment of rent to LESSOR. In addition, LESSEE shall have the
right to terminate this Agreement without penalty at any time and for any reason
priorto the date LESSEE commences installation of the equipment on the Premises,
effective upon the mailing of such notice by LESSEE, or upon such later date as
designated by LESSEE in such notice.
7. INDEMNIFICATION. Subject to Paragraph 8 below, and to the extent
permitted by applicable Laws, each Party shall indemnify and hold the other
harmless against any claim of liability or loss from personal injury or property
damage resulting from or arising out of the negligence or willful misconduct of the
indemnifying Party, its employees, contractors or agents, except to the extent such
claims or damages may be due to or caused by the negligence or willful misconduct
of the other Party, or its employees, contractors or agents.
8. INSURANCE.
a. Notwithstanding the indemnity in section 10, the Parties hereby waive
and release any and all rights of action for negligence against the other which may
hereafter arise on account of damage to the Premises or to the Property, resulting
from any fire, or other casualty of the kind covered by standard fire insurance
policies with extended coverage, regardless of whether or not, or in what amounts,
such insurance is now or hereafter carried by the Parties, or either of them. These
waivers and releases shall apply between the Parties and they shall also apply to
any claims under or through either Party as a result of any asserted right of
subrogation. All such policies of insurance obtained by either Party concerning the
Premises or the Property shall waive the insurer's right of subrogation against the
other Party.
b. LESSEE will maintain at its own cost;
i. Commercial General Liability insurance with limits of $1,000,000
for bodily injury (including death) and for property damage each
occurrence
5
ii. Commercial Auto Liability insurance on all owned, non -owned
and hired automobiles with a combined limit of $1,000,000 each
accident
iii. Workers Compensation insurance providing the statutory
benefits and Employers Liability of $1,000,000 each
accident/disease/policy limit.
LESSEE will include LESSOR as an additional insured as their interests may
appear under this Agreement on the Commercial General Liability and Auto
Liability policies.
C. LESSOR will maintain at its own cost commercial general liability
insurance with limits not less than $1,000,000 for injury to or death of one or more
persons in any one occurrence and $500,000 for damage or destruction to property
in any one occurrence. LESSOR will include the LESSEE as an additional insured.
d. In addition, LESSOR shall obtain and keep in force during the Term a
policy or policies insuring against loss or damage to the Tower with a commercially
reasonable valuation, as the same shall exist from time to time without a
coinsurance feature. LESSOR's policy or policies shall insure against all risks of
direct physical loss or damage (except the perils of flood and earthquake unless
required by a lender or included in the base premium), including coverage for any
additional costs resulting from debris removal and reasonable amounts of coverage
for the enforcement of any ordinance or law regulating the reconstruction or
replacement of any undamaged sections of the Tower required to be demolished
or removed by reason of the enforcement of any building, zoning, safety or land
use laws as the result of a covered loss, but not including plate glass insurance.
9. LIMITATION OF LIABILITY. Except for indemnification pursuant to
Paragraphs 7 and 29, neither Party shall be liable to the other, or any of their
respective agents, representatives, employees for any lost revenue, lost profits,
loss of technology, rights or services, incidental, punitive, indirect, special or
consequential damages, loss of data, or interruption or loss of use of service, even
if advised of the possibility of such damages, whether under theory of contract,
tort (including negligence), strict liability or otherwise.
10. ANNUAL TERMINATION. Notwithstanding anything to the contrary
contained herein, provided LESSEE is not in default hereunder beyond applicable
notice and cure periods, LESSEE shall have the right to terminate this Agreement
upon the annual anniversary of the Commencement Date provided that three (3)
months prior notice is given to LESSOR.
I.
11. ACCESS TO TOWER. LESSOR agrees the LESSEE shall have free
access to the Tower at all times for the purpose of installing and maintaining the
said equipment. LESSOR shall furnish LESSEE with necessary means of access for
the purpose of ingress and egress to this site and Tower location. It is agreed,
however, that only authorized engineers, employees or properly authorized
contractors of LESSEE or persons under their direct supervision will be permitted
to enter said premises.
12. TOWER COMPLIANCE. LESSOR covenants that it will construct the
Tower, including bringing utilities to the Tower compound and constructing access
roads associated with the Tower. LESSOR further covenants that it will keep the
Tower in good repair as required by all Laws (as defined in Paragraph 33 below).
The LESSOR shall also comply with all rules and regulations enforced by the
Federal Communications Commission with regard to the lighting, marking and
painting of towers. If the LESSOR fails to make such repairs including maintenance
the LESSEE may make the repairs and the costs thereof shall be payable to the
LESSEE by the LESSOR on demand together with interest thereon from the date of
payment at the greater of (i) ten percent (10%) per annum, or (ii) the highest rate
permitted by applicable Laws. If the LESSOR does not make payment to the LESSEE
within ten (10) days after such demand, the LESSEE shall have the right to deduct
the costs of the repairs from the succeeding monthly rental amounts normally due
from the LESSEE to the LESSOR.
No materials may be used in the installation of the antennas or transmission
lines that will cause corrosion or rust or deterioration of the Tower structure or its
appurtenances.
All antenna(s) on the Tower must be identified by a marking fastened securely
to its bracket on the Tower and all transmission lines are to be tagged at the conduit
opening where it enters any user's equipment space.
Not later than fifteen (15) days following the execution of this Agreement,
LESSOR shall supply to LESSEE copies of all structural analysis reports that have
done with respect to the Tower and throughout the Term, LESSOR shall supply to
LESSEE copies of all structural analysis reports that are done with respect to the
Tower promptly after the completion of the same.
Upon request of the LESSOR, LESSEE agrees to relocate its equipment on a
temporary basis to another location on the Property, hereinafter referred to as the
"Temporary Relocation," for the purpose of LESSOR performing maintenance, repair
or similar work at the Property or on the Tower provided:
7
a. The Temporary Relocation is similar to LESSEE's existing location in size
and is fully compatible for LESSEE's use, in LESSEE's reasonable
determination;
b. LESSOR pays all costs incurred by LESSEE for relocating LESSEE's
equipment to the Temporary Relocation and improving the Temporary
Relocation so that it is fully compatible for the LESSEE's use, in LESSEE's
reasonable determination;
c. LESSOR gives LESSEE at least ninety (90) days written notice prior to
requiring LESSEE to relocate;
d. LESSEE's use at the Premises is not interrupted or diminished during the
relocation and LESSEE is allowed, if necessary, in LESSEE's reasonable
determination, to place a temporary installation on the Property during
any such relocation; and
e. Upon the completion of any maintenance, repair or similar work by
LESSOR, LESSEE is permitted to return to its original location from the
temporary location with all costs for the same being paid by LESSOR.
13. INTERFERENCE. LESSEE agrees to install equipment of the type and
frequency which will not cause harmful interference which is measurable in
accordance with then existing industry standards to any equipment of LESSOR or
other licensed wireless communications providers of the Property which existed on
the Property prior to the date this Agreement is executed by the Parties. In the event
any after -installed LESSEE's equipment causes such interference, and after LESSOR
has notified LESSEE in writing of such interference, LESSEE will take all
commercially reasonable steps necessary to correct and eliminate the interference,
including but not limited to, at LESSEE's option, powering down such equipment
and later powering up such equipment for intermittent testing. In no event will
LESSOR be entitled to terminate this Agreement or relocate the equipment as long
as LESSEE is making a good faith effort to remedy the interference issue. LESSOR
agrees that LESSOR and/or any other tenants, occupants, or users of the Property
who currently have or in the future take possession of, all or a part of, the Property
will be permitted to install only such equipment that is of the type and frequency
which will not cause harmful interference which is measurable in accordance with
then existing industry standards to the then existing equipment of LESSEE. The
Parties acknowledge that there will not be an adequate remedy at law for
noncompliance with the provisions of this Paragraph and therefore, either Party
shall have the right to equitable remedies, such as, without limitation, injunctive
relief and specific performance.
14. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the
Term, or within ninety (90) days after any earlier termination of the Agreement,
remove its building(s), antenna(s), equipment, conduits, fixtures and all personal
property and restore the Premises to its original condition, reasonable wear and
tear and casualty damage excepted. LESSOR agrees and acknowledges that all of
the equipment, conduits, fixtures and personal property of LESSEE shall remain the
personal property of LESSEE and LESSEE shall have the right to remove the same
at any time during the Term, whether or not said items are considered fixtures and
attachments to real property under applicable Laws (as defined in Paragraph 33
below). If such time for removal causes LESSEE to remain on the Premises after
termination of this Agreement, LESSEE shall pay rent at the then existing monthly
rate or on the existing monthly pro-rata basis if based upon a longer payment term,
until such time as the removal of the building, antenna structure, fixtures and all
personal property are completed.
15. HOLDOVER. LESSEE has no right to retain possession of the Premises
or any part thereof beyond the expiration of that removal period set forth in
Paragraph 14 herein, unless the Parties are negotiating a new lease or lease
extension in good faith. In the event that the Parties are not in the process of
negotiating a new lease or lease extension in good faith, LESSEE holds over in
violation of Paragraph 14 and this Paragraph 15, then the rent then in effect payable
from and after the time of the expiration or earlier removal period set forth in
Paragraph 14 shall be equal to the rent applicable during the month immediately
preceding such expiration or earlier termination.
16. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Term (i) to sell
or otherwise transfer all or any portion of the Property, whether separately or as
part of a larger parcel of which the Property is a part, or (ii) to grant to a third party
by easement or other legal instrument an interest in and to that portion of the Tower
and or Property occupied by LESSEE, or a larger portion thereof, for the purpose of
operating and maintaining communications facilities or the management thereof,
with or without an assignment of this Agreement to such third party, LESSEE shall
have the right of first refusal to meet any bona fide offer of sale or transfer on the
same terms and conditions of such offer. If LESSEE fails to meet such bona fide
offer within thirty (30) days after written notice thereof from LESSOR, LESSOR may
sell or grant the easement or interest in the Property or portion thereof to such third
person in accordance with the terms and conditions of such third party offer. For
purposes of this Paragraph, any transfer, bequest or devise of LESSOR's interest in
the Property as a result of the death of LESSOR, whether by will or intestate
succession, or any conveyance to LESSOR's family members by direct conveyance
or by conveyance to a trust for the benefit of family members shall not be
considered a sale of the Property for which LESSEE has any right of first refusal.
11
17. RIGHTS UPON SALE. Should LESSOR, at any time during the Term
decide (i) to sell or transfer all or any part of the Property or the Tower thereon to a
purchaser other than LESSEE, or (ii) to grant to a third party by easement or other
legal instrument an interest in and to that portion of the Tower and or Property
occupied by LESSEE, or a larger portion thereof, for the purpose of operating and
maintaining communications facilities or the management thereof, such sale or
grant of an easement or interest therein shall be under and subject to this
Agreement and any such purchaser or transferee shall recognize LESSEE's rights
hereunder under the terms of this Agreement. To the extent that LESSOR grants to
a third party by easement or other legal instrument an interest in and to that portion
of the Tower and/or Property occupied by LESSEE for the purpose of operating and
maintaining communications facilities or the management thereof and in
conjunction therewith, assigns this Agreement to said third party, LESSOR shall not
be released from its obligations to LESSEE under this Agreement, and LESSEE shall
have the right to look to LESSOR and the third party for the full performance of this
Agreement.
18. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the
rent and performing the covenants herein, shall peaceably and quietly have, hold
and enjoy the Premises.
19. TITLE. LESSOR represents and warrants to LESSEE as of the execution
date of this Agreement, and covenants during the Term that LESSOR is seized of
good and sufficient title and interest to the Property and has full authority to enter
into and execute this Agreement. LESSOR further covenants during the Term that
there are no liens, judgments or impediments of title on the Property, or affecting
LESSOR's title to the same and that there are no covenants, easements or
restrictions which prevent or adversely affect the use or occupancy of the Premises
by LESSEE as set forth above.
20. INTEGRATION. It is agreed and understood that this Agreement
contains all agreements, promises and understandings between LESSOR and
LESSEE and that no verbal or oral agreements, promises or understandings shall
be binding upon either LESSOR or LESSEE in any dispute, controversy or
proceeding at law, and any addition, variation or modification to this Agreement
shall be void and ineffective unless made in writing signed by the Parties or in a
written acknowledgment in the case provided in Paragraph 3. In the event any
provision of the Agreement is found to be invalid or unenforceable, such finding
shall not affect the validity and enforceability of the remaining provisions of this
Agreement. The failure of either Party to insist upon strict performance of any of
the terms or conditions of this Agreement or to exercise any of its rights under the
Agreement shall not waive such rights and such Party shall have the right to enforce
10
such rights at any time and take such action as may be lawful and authorized under
this Agreement, in law or in equity.
21. GOVERNING LAW. This Agreement and the performance thereof shall
be governed, interpreted, construed and regulated by the Laws of the State in which
the Property is located.
22. ASSIGNMENT. This Agreement may be sold, assigned or transferred
by the LESSEE without any approval or consent of the LESSOR to the LESSEE's
principal, affiliates, subsidiaries of its principal or to any entity which acquires all or
substantially all of LESSEE's assets in the market defined by the Federal
Communications Commission in which the Property is located by reason of a
merger, acquisition or other business reorganization. As to other parties, this
Agreement may not be sold, assigned or transferred without the written consent of
the LESSOR, which such consent will not be unreasonably withheld, delayed or
conditioned. No change of stock ownership, partnership interest or control of
LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall
constitute an assignment hereunder.
23. NOTICES. All notices hereunder must be in writing and shall be deemed
validly given if sent by certified mail, return receipt requested or by commercial
courier, provided the courier's regular business is delivery service and provided
further that it guarantees delivery to the addressee by the end of the next business
day following the courier's receipt from the sender, addressed as follows (or any
other address that the Party to be notified may have designated to the sender by
like notice):
LESSOR: The City of Fayetteville, Arkansas
113 W. Mountain Street
Fayetteville, Arkansas 72701
LESSEE: Cellco Partnership
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Notice shall be effective upon actual receipt or refusal as shown on the
receipt obtained pursuant to the foregoing.
24. SUCCESSORS. This Agreement shall extend to and bind the heirs,
personal representative, successors and assigns of the Parties hereto.
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25. SUBORDINATION AND NON -DISTURBANCE. LESSOR shall obtain a
Non -Disturbance Agreement, as defined below, from its existing mortgagee(s),
ground lessors and master lessors, if any, of the Property. At LESSOR's option, this
Agreement shall be subordinate to any future master lease, ground lease,
mortgage, deed of trust or other security interest (a "Mortgage") by LESSOR which
from time to time may encumber all or part of the Property, Tower or right-of-way;
provided, however, as a condition precedent to LESSEE being required to
subordinate its interest in this Agreement to any future Mortgage covering the
Tower or Property, LESSOR shall obtain for LESSEE's benefit a non -disturbance and
attornment agreement for LESSEE's benefit in the form reasonably satisfactory to
LESSEE, and containing the terms described below (the "Non -Disturbance
Agreement"), and shall recognize LESSEE's right to remain in occupancy of and
have access to the Premises as long as LESSEE is not in default of this Agreement
beyond applicable notice and cure periods. The Non -Disturbance Agreement shall
include the encumbering party's ("Lender's") agreement that, if Lender or its
successor -in -interest or any purchaser of Lender's or its successor's interest (a
"Purchaser") acquires an ownership interest in the Tower or Property, Lender or
such successor -in -interest or Purchaser will (1) honor all of the terms of the
Agreement, (2) fulfill LESSOR's obligations under the Agreement, and (3) promptly
cure all of the then -existing LESSOR defaults under the Agreement. Such
Non -Disturbance Agreement must be binding on all of Lender's participants in the
subject loan (if any) and on all successors and assigns of Lender and/or its
participants and on all Purchasers. In return for such Non -Disturbance Agreement,
LESSEE will execute an agreement for Lender's benefit in which LESSEE (1)
confirms that the Agreement is subordinate to the Mortgage or other real property
interest in favor of Lender, (2) agrees to attorn to Lender if Lender becomes the
owner of the Tower or Property and (3) agrees to accept a cure by Lender of any of
LESSOR's defaults, provided such cure is completed within the deadline applicable
to LESSOR. In the event LESSOR defaults in the payment and/or other performance
of any mortgage or other real property interest encumbering the Property, LESSEE,
may, at its sole option and without obligation, cure or correct LESSOR's default and
upon doing so, LESSEE shall be subrogated to any and all rights, titles, liens and
equities of the holders of such mortgage or other real property interest and LESSEE
shall be entitled to deduct and setoff against all rents that may otherwise become
due under this Agreement the sums paid by LESSEE to cure or correct such
defaults.
26. RECORDING. LESSOR agrees to execute a Memorandum of this
Agreement which LESSEE may record with the appropriate recording officer. The
date set forth in the Memorandum of Lease is for recording purposes only and bears
no reference to commencement of either the Term or rent payments.
12
27. DEFAULT.
a. In the event there is a breach by LESSEE with respect to any of the
provisions of this Agreement or its obligations under it, including the payment of
rent, LESSOR shall give LESSEE written notice of such breach. After receipt of such
written notice, LESSEE shall have fifteen (15) days in which to cure any monetary
breach and thirty (30) days in which to cure any non -monetary breach, provided
LESSEE shall have such extended period as may be required beyond the thirty (30)
days if the nature of the cure is such that it reasonably requires more than thirty
(30) days and LESSEE commences the cure within the thirty (30) day period and
thereafter continuously and diligently pursues the cure to completion. LESSOR
may not maintain any action or effect any remedies for default against LESSEE
unless and until LESSEE has failed to cure the breach within the time periods
provided in this Paragraph.
b. In the event there is a breach by LESSOR with respect to any of the
provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR
written notice of such breach. After receipt of such written notice, LESSOR shall
have thirty (30) days in which to cure any such breach, provided LESSOR shall have
such extended period as may be required beyond the thirty (30) days if the nature
of the cure is such that it reasonably requires more than thirty (30) days and
LESSOR commences the cure within the thirty (30) day period and thereafter
continuously and diligently pursues the cure to completion. LESSEE may not
maintain any action or effect any remedies for default against LESSOR unless and
until LESSOR has failed to cure the breach within the time periods provided in this
Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default
under this Agreement if LESSOR fails, within five (5) days after receipt of written
notice of such breach, to perform an obligation required to be performed by
LESSOR if the failure to perform such an obligation interferes with LESSEE's ability
to conduct its business on the Property; provided, however, that if the nature of
LESSOR's obligation is such that more than five (5) days after such notice is
reasonably required for its performance, then it shall not be a default under this
Agreement if performance is commenced within such five (5) day period and
thereafter diligently pursued to completion.
28. REMEDIES. Upon a default, the non -defaulting Party may at its option
(but without obligation to do so), perform the defaulting Party's duty or obligation
on the defaulting Party's behalf, including but not limited to the obtaining of
reasonably required insurance policies. The costs and expenses of any such
performance by the non -defaulting Party shall be due and payable by the defaulting
Party upon invoice therefor. In the event of a default by either Party with respect to
a material provision of this Agreement, without limiting the non -defaulting Party in
13
the exercise of any right or remedy which the non -defaulting Party may have by
reason of such default, the non -defaulting Party may terminate the Agreement
and/or pursue any remedy now or hereafter available to the non -defaulting Party
under the Laws or judicial decisions of the state in which the Premises are located;
provided, however, LESSOR shall use reasonable efforts to mitigate its damages in
connection with a default by LESSEE. If LESSEE so performs any of LESSOR's
obligations hereunder, the full amount of the reasonable and actual cost and
expense incurred by LESSEE shall immediately be owing by LESSOR to LESSEE,
and LESSOR shall pay to LESSEE upon demand the full undisputed amount thereof
with interest thereon from the date of payment at the greater of (i) ten percent (10%)
per annum, or (ii) the highest rate permitted by applicable Laws. Notwithstanding
the foregoing, if LESSOR does not pay LESSEE the full undisputed amount within
thirty (30) days of its receipt of an invoice setting forth the amount due from
LESSOR, LESSEE may offset the full undisputed amount, including all accrued
interest, due against all fees due and owing to LESSOR until the full undisputed
amount, including all accrued interest, is fully reimbursed to LESSEE.
29. ENVIRONMENTAL.
a. LESSOR shall be responsible for all obligations of compliance
with applicable Federal, State and Local requirements governing environmental
and industrial hygiene matters including, but not limited to, those set out in any
applicable statute, regulation, order, legal decision or by common law, except to
the extent that any failure to comply with a requirement is caused by the activities
of LESSEE. LESSOR agrees to sign any necessary waste manifest associated with
the removal, transportation and/or disposal of soils excavated at the Property
during construction of LESSEE's facility.
b. LESSOR shall hold LESSEE harmless, defend and indemnify
LESSEE from and assume all duties, responsibility and liability, at LESSOR's sole
cost and expense, for all duties, responsibilities, and liability (for payment of
penalties, sanctions, forfeitures, losses, costs, attorney's fees or damages) and for
responding to any action, notice, claim, order, summons, citation, directive,
litigation, investigation or proceeding which results or is alleged to have resulted
from any (i) failure to comply with any legal requirement governing environmental
or industrial hygiene matters except to the extent that any such non-compliance is
caused by LESSEE; and (ii) environmental or industrial hygiene conditions arising
out of or in any way related to the condition of the Premises or activities conducted
thereon, except to the extent that such environmental conditions are caused by
LESSEE.
14
30. CASUALTY. In the event of damage by fire or other casualty to the
Tower or Premises that cannot reasonably be expected to be repaired within forty-
five (45) days following same or, if the Property is damaged by fire or other casualty
so that such damage may reasonably be expected to disrupt LESSEE's operations
at the Premises for more than forty-five (45) days, then LESSEE may, at any time
following such fire or other casualty, provided LESSOR has not completed the
restoration required to permit LESSEE to resume its operation at the Premises,
terminate this Agreement upon fifteen (15) days prior written notice to LESSOR.
Any such notice of termination shall cause this Agreement to expire with the same
force and effect as though the date set forth in such notice were the date originally
set as the expiration date of this Agreement and the Parties shall make an
appropriate adjustment, as of such termination date, with respect to payments due
to the other under this Agreement. Notwithstanding the foregoing, the rent shall
abate during the period of repair following such fire or other casualty in proportion
to the degree to which LESSEE's use of the Premises is impaired.
31. CONDEMNATION. In the event of any condemnation of all or any
portion of the Property, this Agreement shall terminate as to the part so taken as of
the date the condemning authority takes title or possession, whichever occurs first.
If as a result of a partial condemnation of the Premises or Tower, LESSEE, in
LESSEE's sole discretion, is unable to use the Premises for the purposes intended
hereunder, or if such condemnation may reasonably be expected to disrupt
LESSEE's operations at the Premises for more than forty-five (45) days, LESSEE
may, at LESSEE's option, to be exercised in writing within fifteen (15) days after
LESSOR shall have given LESSEE written notice of such taking (or in the absence
of such notice, within fifteen (15) days after the condemning authority shall have
taken possession) terminate this Agreement as of the date the condemning
authority takes such possession. LESSEE may on its own behalf make a claim in
any condemnation proceeding involving the Premises for losses related to the
equipment, conduits, fixtures, its relocation costs and its damages and losses (but
not for the loss of its leasehold interest). Any such notice of termination shall cause
this Agreement to expire with the same force and effect as though the date set forth
in such notice were the date originally set as the expiration date of this Agreement
and the Parties shall make an appropriate adjustment as of such termination date
with respect to payments due to the other under this Agreement. If LESSEE does
not terminate this Agreement in accordance with the foregoing, this Agreement
shall remain in full force and effect as to the portion of the Premises remaining,
except that the rent shall be reduced in the same proportion as the rentable area of
the Premises taken bears to the total rentable area of the Premises. In the event
that this Agreement is not terminated by reason of such condemnation, LESSOR
shall promptly repair any damage to the Premises caused by such condemning
authority.
15
32. SUBMISSION OF AGREEMENT/PARTIAL INVALIDITY/AUTHORITY. The
submission of this Agreement for examination does not constitute an offer to lease
the Premises and this Agreement becomes effective only upon the full execution of
this Agreement by the Parties. If any provision herein is invalid, it shall be
considered deleted from this Agreement and shall not invalidate the remaining
provisions of this Agreement. Each of the Parties hereto warrants to the other that
the person or persons executing this Agreement on behalf of such Party has the full
right, power and authority to enter into and execute this Agreement on such Party's
behalf and that no consent from any other person or entity is necessary as a
condition precedent to the legal effect of this Agreement.
33. APPLICABLE LAWS. During the Term, LESSOR shall maintain the
Property and all structural elements of the Premises in compliance with all
applicable laws, rules, regulations, ordinances, directives, covenants, easements,
zoning and land use regulations, and restrictions of record, permits, building codes,
and the requirements of any applicable fire insurance underwriter or rating bureau,
now in effect or which may hereafter come into effect (including, without limitation,
the Americans with Disabilities Act and laws regulating hazardous substances)
(collectively "Laws"). LESSEE shall, in respect to the condition of the Premises and
at LESSEE's sole cost and expense, comply with (a) all Laws relating solely to
LESSEE's specific and unique nature of use of the Premises (other than general
office use); and (b) all building codes requiring modifications to the Premises due
to the improvements being made by LESSEE in the Premises.
34. MOST FAVORED LESSEE. LESSOR represents and warrants that the
rent, benefits and terms and conditions granted to LESSEE by LESSOR hereunder
are now and shall be, during the Term, no less favorable than the rent, benefits
and terms and conditions for substantially the same or similar tenancies or licenses
granted by LESSOR to other parties. If at any time during the Term LESSOR shall
offer more favorable rent, benefits or terms and conditions for substantially the
same or similar tenancies or licenses as those granted hereunder, then LESSOR
shall, within 30 days after the effective date of such offering, notify LESSEE of such
fact and offer LESSEE the more favorable offering. If LESSEE chooses, the parties
shall then enter into an amendment that shall be effective retroactively to the
effective date of the more favorable offering, and shall provide the same rent,
benefits or terms and conditions to LESSEE. LESSEE shall have the right to decline
to accept the offering. LESSOR's compliance with this requirement shall be
subject, at LESSEE's option, to independent verification.
35. SURVIVAL. The provisions of the Agreement relating to
indemnification from one Party to the other Party shall survive any termination or
expiration of this Agreement. Additionally, any provisions of this Agreement which
16
require performance subsequent to the termination or expiration of this Agreement
shall also survive such termination or expiration.
36. CAPTIONS. The captions contained in this Agreement are inserted for
convenience only and are not intended to be part of the Agreement. They shall not
affect or be utilized in the construction or interpretation of the Agreement.
17
IN WITNESS WHEREOF, the Parties hereto have set their hands and
affixed their respective seals the day and year first above written.
LESSOR:
The City of Fayetteville, Arkansas
By:
Print Name:
Title:
Date:
LESSEE:
Cellco Partnership d/b/a Verizon Wireless
By:
Print Name:
Title:
Date:
ME-0
Exhibit A
(see attached)
19
Exhibit B
LESSEE'S TOWER EQUIPMENT:
• 6 Commscope NHH-65C-R2B antennas (or like kind)
• 3 Commscope NHHSS-65A-R2B antennas (or like kind)
• 3 Samsung MT6407-77A antennas (or like kind)
• 3 Samsung 132/1366A RRH ORAN (RF4439d-25A) (or like kind)
• 3 Samsung 135/1313 RRH ORAN (RF4440d-13A) (or like kind)
• 3 Samsung CBRS RRH-RT4401-48A (or like kind)
• 3 Raycap RVZDC-6627-PF-48 (or like kind)
• 6 coaxial cables (up to 1-5/8")
• 3 hybrid cables
20
Exhibit C
(see attached)
21
.;acobs
Fayetteville
Client Monthly Report for February 2022
March 18, 2022
City of Fayetteville
CITY OF
WA FAYETTEVILLE
ARKANSAS
Dear Winter,
1 want to break up with you.
thinly it's time 1 start seeing other seasons.
Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs
Contents
ExecutiveSummary..................................................................................................................................................ii
1.
Plant Operations.........................................................................................................................................3
1.1
Process Control........................................................................................................................................................... 3
1.2
Biosolids Process........................................................................................................................................................3
1.3
Compliance.................................................................................................................................................................. 3
1.4
Successes...................................................................................................................................................................... 4
1.5
Issues/Resolutions.................................................................................................................................................... 5
1.6
Revenue.........................................................................................................................................................................6
Table 1-1:
Revenue generated from the BMS............................................................................................................... 6
Figure 1-1: Revenue generated from the BMS via hay, fertilizer, and WTR.......................................................6
2.
Maintenance................................................................................................................................................7
2.1
West Side....................................................................................................................................................................... 7
2.2
Noland............................................................................................................................................................................8
2.3
Lift Stations..................................................................................................................................................................8
2.4
BMS Maintenance......................................................................................................................................................9
2.5
Key Performance Indicators/Measures..........................................................................................................
10
Figure 2-1: Labor Hours by Work Order Type.............................................................................................................
10
Figure2-2: Work Order Count by Type..........................................................................................................................
10
2.6
Capital Improvement Projects(CIP)................................................................................................................
11
3.
Laboratory/Industrial Pretreatment...................................................................................................12
Table 3-1:
Revenue generated from the Industrial Pretreatment Program(IPP)........................................
14
Figure 3-1: IPP revenue total from surcharges, fees, and fines...........................................................................
14
Figure 3-2: Loads of hauled waste -by hauler and cumulative loads per month ..........................................
14
4.
Woolsey Wet Prairie................................................................................................................................15
5.
Community Outreach.............................................................................................................................16
6.
Sustainability............................................................................................................................................17
7.
Health & Safety/Training.......................................................................................................................18
Appendix A. Additional Information.................................................................................................................19
A.1
Effluent & Influent Data.......................................................................................................................................
19
A.2
White River Effluent Characteristics................................................................................................................
19
Jacobs — Fayetteville Project
Jacobs Fayetteville Client Monthly Report for February 2022
Executive Summary
,jacobs
The project remains engaged with the City of Fayetteville in creating a biosolids drying solution.
We continue to have meaningful collaborations with all stakeholders to arrive at the best possible
solution for providing a dryer to avoid landfilling biosolids. The process has been stimulating and
fruitful, generating many ideas for optimizing and improving the drying process.
The cost of landfilling is under transition to the City. Through the end of February, Jacobs has
spent $128,000 for tip fees at the landfill. This cost is unplanned in the 2022 budget and has
caused our non -labor budget line to become negative for February. We are currently overspent in
non -labor by $21,341. We are under spent in labor by $(72,873). Our forecasting model for the
month of February shows we are under budget by $(51,532), which is a change of $21 from the
January report.
BUDGET PERFORMANCE
$40,000
$20,000
$(20,000)
$(40,000) (11,464L
$(60,000)
January February
Jacobs — Fayetteville Project
Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs
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
The Noland WRRF began seeing an increase in the frequency of elevated spikes in pre -ozone fecal
coliform levels. These spikes were the result of reduced aeration basin detention which caused a
Lower removal rate in the biological process.
West Side
The West Side WRRF experienced a total of 2.5 inches of rain in February. Elevated influent flows
peaked at 37 million gallons on February 17th. All extra flow was successfully treated within the
NPDES permit requirements.
1.2 Biosolids Process
During the month of February, the WRRF's produced 1,951 wet tons of biosolids. Approximately
172 tons of belt filter pressed biosolids were sent directly to the landfill and 1,779 wet tons were
spread into the solar houses to be partially dried before landfill disposal. A total of 1,346 tons of
partially dried biosolids were sent to the landfill. With 433 tons of water removed from the
material before hauling to the landfill, it is estimated that $20,866 was saved in tipping fees. The
total cost in tipping fees at the landfill for the month of February was $73,070.
Tontitown Waste Management put a disposal restriction on local producers of sludge and other
filtered by-products. For two weeks, the BMS was only allowed to dump 40-45 tons per day at the
Landfill. This restriction greatly reduced the ability to partially dry biosolids before landfill disposal.
To meet the WRRF's wasting demands, the BMS staff transported wet and partially dried biosolids
to the Danville, AR Waste Management landfill.
1.3 Compliance
The City of Fayetteville's chemical waste stream compliance documentation for both WRRF
facilities was updated and renewed with Heritage Environmental. Hazardous waste stream
collection and storage supplies were ordered to continue safe and compliant waste management.
Sampling and document preparation began on the WRRF's SARA Tier II reporting requirements
for hazardous and toxic substances that are housed at the facilities. The purpose of this annual
federal report is to document hazardous materials and help prevent waste releases that could
cause human or environmental harm.
The West Side NPDES permit renewal application is in development to be submitted in March.
Jacobs — Fayetteville Project
Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs
1.4 Successes
Preparations have begun to ensure that the Noland WRRF east basin will be brought online with
the west basin to maximize treatment processes for compliance with April permit restrictions.
The BMS lift station has an above ground pipe that returns W3 water to the Noland treatment
facility. This plumbing has not frozen in the past because the thermal dryer sent heated W3 water
through the return plumbing. Since the dryer is out of operation and heated water does not pass
through the plumbing, the pipe froze during cold temperatures. This issue affected the operator's
ability to wash down the transfer basin and solar house pad for 48 hours. Once the weather
warmed and the pipe thawed, heat tape was wrapped on the plumbing, and it was covered with a
tarp to avoid future issues.
All full-sized hay bales produced in 2021 have been sold. It is estimated that 2 tons of half -sized
bales, or bales with broken net wrap, remain onsite for sale.
Water Treatment Residuals (WTR) and annual soil samples were collected from two BMS soil
management areas. The first loads of WTR were applied for the year and WTR application is
anticipated to significantly increase as the weather improves.
�yY
Application of
Water Treatment
Residuals
The application of sludge solids from the Beaver Water District water treatment
facility helps reduce the amount of extractable phosphorus in the soil and
provides a moderate source of revenue to the City of Fayetteville
The BMS staff performs repairs in-house on equipment when feasible. In February, several assets
were repaired onsite instead of using outside labor resources. Some of these repairs included the
replacement of a broken fan motor in a semi -tractor, replacing brakes on sludge trailers, and
repairing a broken yoke in the PTO on the WTR spreader. Truck and trailer tires were replaced and
the worn tires were sent to be repaired or recapped for future use.
Jacobs — Fayetteville Project
Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs
1.5 Issues/Resolutions
The biological process flow has been increased throughout the month of February to manage
excess storage pond inventory from various rain and snow events. Throughout these changes,
ozone has been adjusted accordingly and superior effluent quality was maintained.
Jacobs — Fayetteville Project
Jacobs Fayetteville Client Monthly Report for February 2022
1.6 Revenue
Table 1-1: Revenue generated from the BMS
,jacobs
Product Tons Sold/Received Revenue Generated
Hay 4.8 $288
Fertilizer 0.00 $0.00
Water Treatment Residuals 72 $2,304
Figure 1-1: Revenue generated from the BMS via hay, fertilizer, and WTR
Revenue Generated
Biosolids Management Site
$40,000
$35,000
$30,000
$25,000
$20,000
$15,000
$10,000
$5,00$0
O Monthly 2021
n
Zt Z" 4t
Monthly 2022 Cumulative 2022
Jacobs — Fayetteville Project 6
Jacobs Fayetteville Client Monthly Report for February 2022
2. Maintenance
2.1 West Side
,jacobs
Two odor control VFD's (variable frequency drives) were replaced with 630 60HP drives.
West Side
Odor Control
Installation
of
New VFD's
Further progress was made on implementing a more sustainable energy management program
by installing motion sensors in the buildings to prevent excessive light consumption.
° West Side Maintenance Shop
kMotion sensors reduce consumption of light energy
Jacobs — Fayetteville Project
Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs
2.2 Noland
The Noland aeration basin motor #1 was upgraded with a rebuilt motor to return the basin to
effective treatment.
2.3 Lift Stations
A rebuilt pump was installed in lift station 52 on Broyles Avenue and the station has returned to
full capacity flow management.
Jacobs — Fayetteville Project
Jacobs Fayetteville Client Monthly Report for February 2022
,jacobs
The Jacobs team assisted city crew members with the installation of a fiber communication box
for the new Gulley water tank.
I Gulley Water Tank
New fiber communication
equipment installed
2.4 BMS Maintenance
Jacobs team members, City of Fayetteville staff, and representatives from Griffin Residuals have
been working closely together to finalize blueprints for a new sludge dryer. Two options exist for
the placement of the sludge dryer. One option puts the dryer in the existing thermal drying
building and the other option places it in the northern solar house. The proposed layout of the
dryer in each location is still being explored.
Jacobs — Fayetteville Project
Jacobs Fayetteville Client Monthly Report for February 2022
2.5 Key Performance Indicators/Measures
,jacobs
Figure 2-1: Labor Hours by Work Order Type
88.00, 0 —❑ 0.00, 0 ❑ 112.33, 0
❑ 440.72, 0
❑ administrative
❑ corrective maintenance
emergency
corrective maintenance non
emergency
corrective maintenance from
pm/pdm
preventive maintenance
project
ISM
❑ 650.27, 0
Figure 2-2: Work Order Count by Type
1332,89
8, 1 %
■ 0. 0%
❑ administrative
❑ corrective maintenance
emergency
corrective maintenance non
emergency
corrective maintenance from
pm/pdm
preventive maintenance
project
❑ safety
■ 8,0%
88, 6%
❑ 26, 2%
Jacobs — Fayetteville Project 10
Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs
2.6 Capital Improvement Projects (CIP)
Budgetary quotes were received to replace HVAC system at the West Side MCC room.
The newly rebuilt pump no. 2 at lift station 52 was commissioned in February. Repairing the pump
was an encumbered CIP project from 2021.
A budgetary quote was received for a new submersible pump for lift station 12. Replacing a pump
at this lift station was approved as a 2022 CIP project.
A purchase order was issued for the repair of the backwash filter pump at West Side.
Jacobs — Fayetteville Project 11
Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs
3. Laboratory/Industrial Pretreatment
Samples were collected at the Noland and West Side WRRF's for Dr. Wen Zhang as a continuation
of the study of tracking COVID through wastewater. Samples were analyzed for COVID markers at
sample locations for influent, effluent, wet weather basin, clarifier effluent, pre -ozone, bio unit
influent, filter effluent, and pre -UV.
West Side permit renewal samples were collected and sent to GTS for oil & grease, hardness, TKN,
nitrate + nitrite, hexavalent chromium, and low-level dioxin.
Lab documents and bench books were scanned to pdf and forwarded in preparation for the ADEQ
Compliance Evaluation Inspection on February 10th.
Soil samples collected from Areas 4AB and 5AB were sent to Geotechnical & Testing Services
(GTS) for the following analyses: pH, electrical conductivity, cation -exchange capacity, total solids,
sodium absorption ratio (SAR), nitrate nitrogen, phosphorus, and metals (cadmium, copper, lead,
nickel, zinc, potassium, arsenic, mercury, molybdenum, selenium, aluminum, and iron). The SAR
data is a measure of the ability of the soil to allow proper water drainage and root growth. An SAR
below 13 indicates a well aerated soil. Results were all statistically within scope and exhibited no
unusual trends.
The annual WTR sample was collected and sent to Geotechnical & Testing Services (GTS) for the
following parameters: pH, total solids, potassium, phosphorus, sodium absorption ratio (SAR), and
metals aluminum, arsenic, cadmium, copper, iron, lead, mercury, molybdenum, nickel, selenium,
and zinc.
As required by Solid Waste 503 regulations to meet Class A Exceptional Quality certification,
Noland and West Side belt filter press cake samples were collected and analyzed for 503 metals
(arsenic, cadmium, chromium, copper, lead, mercury, molybdenum, nickel, selenium, and zinc)
and percent total solids analysis. A fertilizer sample was not available for testing due to changes
in the drying process, and thereby the absence of compliance needs. All results were statistically
within scope and exhibited no unusual trends.
West Side Goose Creek samples were collected to complete first quarter Whole Effluent Toxicity
(WET) testing and were sent to Ramboll US Consulting, Inc. for analysis. The samples passed WET
testing for both species; Ceriodaphnia Dubia, water flea, for survival and reproduction and
Pimephales promelas, fathead minnow, for growth assessment showing neither lethal nor
sublethal effects, in the full dilution series outlined in the discharge permit for Goose Creek of
100%, 74%, 56%, 42%, 32% and 0%.
Quarterly surcharge sampling was completed for ConAgra, Hiland Dairy, and Tyson. Samples were
analyzed for biochemical oxygen demand, total suspended solids, total phosphorus, and pH. Data
reports from this sampling event are sent to the industries for use during their daily and monthly
average calculations to verify and report their compliance status.
Ecotech Consumer Products was issued a Notice of Violation (NOV) for five total suspended solid
violations: four exceedances of their daily maximum limit and an exceedance of their monthly
Jacobs — Fayetteville Project
Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs
average limit. A response has been received per the 5-day written response requirement after NOV
issuance. Orders have been placed for finer screens and additional screen stages in their
pretreatment process and extensive investigation and sampling have been done to ultimately
resolve this situation. Samples were collected and sent to American Interplex Corporation (AIC)
for metals and oil & grease analysis to investigate the cause of the NOV's. A sewer line was
discovered to be routing with the permitted process water, thereby not presenting a representative
sample at the sampling location. A permit modification was issued to change the permitted
sampling location to one that would be completely representative of the process.
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, Figure 3-1, and Figure 3-2.
Jacobs — Fayetteville Project 13
Jacobs Fayetteville Client Monthly Report for February 2022
,jacobs
Table 3-1: Revenue generated from the Industrial Pretreatment Program (IPP)
Revenue
$85,576.83
Surcharges on January data
$1,200.00
Fees from hauled waste accepted in February
$0.00
Other fees paid in February
$0.00
Fines assessed in February
5 TSS violations
Violations on January data
Figure 3-1: IPP revenue total from surcharges, fees, and fines
Revenue Generated
Industrial Pretreatment Program
$150,000
$100,000
$50,000 - n
F
❑ 2021 Monthly Surcharge Fees plus Hauled Waste Fees
❑ 2022 Monthly Surcharge Fees plus Hauled Waste Fees
Figure 3-2: Loads of hauled waste -by hauler and cumulative loads per month
Hauled Waste Summary
60
50
40
30
20
10
ell
,a <<e�` P P o' ��e Oc ore eoe
■ 2022 APT ■ 2021 APT ■ 2022 BJ ❑ 2021 BJ ^ 2022 TOTAL ■ 2021 TOTAL ■ 2022 CIC
Jacobs — Fayetteville Project 14
Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs
4. Woolsey Wet Prairie
On Thursday February 10th Ozark Ecological Restoration, Inc. (OERI) and Eco, Inc. were onsite to
perform Woolsey's 15th prescribed burn without incident. Every year following the controlled
burn, university biology students survey the burn area to assess reptile and amphibian mortality.
This year the students' efforts found zero reptile or amphibian mortality, which are the lowest
post -burn mortality results to date. This year also represents one of the earliest controlled burns
at Woolsey, which may largely be credited for the absence of reptile -amphibian mortality. These
survey efforts and results are a great example of how university student involvement and research
at Woolsey Wet Prairie has helped improve the awareness and effectiveness of management
activities for responsible stewardship of Woolsey's ecological health. The Jacobs Natural Capital
Management team will take advantage of the clean -slated landscape and get an early start on
tracking certain highest priority invasive species; namely Callery Pear, non-native blackberries and
highly invasive Reed canary and carpet grasses.
Prescribe" 2022
Annual burn events will encourage
new growth of native vegetation,
increase the biodiversityof plant
species, minimize the spread of
pests and disease, and recycle
nutrients back into the soil
Jacobs — Fayetteville Project
Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs
5. Community Outreach
The Washington County Search and Rescue K9 team utilized the BMS site for training on two
weekends in February.
Jacobs — Fayetteville Project 16
Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs
6. Sustainability
Removal of invasive species at the
Goose Creek corridor promotes
new growth and biodiversityOA
Jacobs — Fayetteville Project 17
Jacobs Fayetteville Client Monthly Report for February 2022 Jacobs
7. Health & Safety/Training
Fayetteville's safety team completed all the required safety inspections for the month. The project
had no incidents to report. The project staff all continue to work with the safety team recognizing
possible unsafe conditions and performing corrective actions within an efficient timeframe. The
project currently utilizes the Maintenance Connection° (MC) application to track deficiencies and
apply a timeframe for corrective action items to be communicated and resolved. MC allows the
project to track the time and expenses used in the management of a safe and healthy workspace.
The team also added inspection rotation assignments, inspection guideline sheets, and corrective
measures into the Fayetteville SharePoint site. The use of multiple platforms allows the team to
track, implement, and share the details of safety inspections and upcoming meetings. Fayetteville
has added the Jacobs Omni application and safe observation reports to its existing safety toolbox.
The Beyond Zero Observation (BZO) tool identifies at -risk activities and environmental safety
hazards while also recognizing good safe work practices. The BZO includes a report section,
photograph attachment page, and a location finder. This tool allows the project to better focus on
problem areas and unsafe acts. The project continues to utilize technology into the safety aspect
of the job. To date Fayetteville has added the Ion City application for our workers to fill out their
daily safety pre -task planning forms via tablets rather than using paper. The project will continue
to focus on better alternatives to improve its safety and compliance. The Fayetteville team proudly
places the health and safety of its employees' paramount above all else, and thereby, continues
its stellar safety excellence.
Matt Benton joined the Safety Team and began attending meetings and conducting monthly
inspections.
John Byrd attended Jacob's Biosolids and Data Management Webinar trainings.
Donna McChristian completed the following training modules: What Do I Do With These Biosolids,
CEO Leadership Roundtable, Code of Conduct, OMFS IPC Website Rollout, and multiple Jacobs
Live Strategy Discussion Panels.
Jacobs — Fayetteville Project
Jacobs Fayetteville - Client Monthly Report for February 2022
Appendix A. Additional Information
A.1 Effluent & Influent Data
A.2 White River Effluent Characteristics
.;acobs
2022
Monthly
Average
Flow
(MGD)
WR
CBOD
(mg/L)
WR
CBOD
(lbs/d)
WR
TSS
(mg/L)
WR
TSS
(lbs/d)
WR
Phos
(mg/L)
WR
Phos
(lbs/d)
WR
Ammonia
(mg/L)
WR
Ammonia
(lbs/d)
D.O.
Avg
Min
(mg/L)
pH
Min
(s.u.)
pH
Max
(s.u.)
Fecal
Coliform
(MPN/
100m1)
Permit
Limit
February
20.0
2,102
15.0
1,576
1.0
105.0
4.0
420
8.7
6.0
9.0
1,000
January
1 6.2
2.9
146
1.8
1 91
0.15
1 8.0
0.07
4
19.5
1 7.3
7.5
21
February
5.9
4.2
211
3.4
171
0.17
8.0
0.08
4
19.5
7.3
7.5
21
March
April
May
June
July
August
September
October
November
December
Average
6.0
3.6
179
2.6
131
0.16
8.0
0.08
4
19.5
7.3
7.5
21
White River Effluent Characteristics - Minerals
2022
WR
TDS
(mg/L)
WR
TDS
(lbs/d)
WR
Sulfate
(mg/L)
WR
Sulfate
(lbs/d)
WR
Nitrate
(mg/L)
WR
Nitrate
(lbs/d)
Permit
Limit
February
500
52,542
119
12,505
report
report
January
315
16,215
60
3,443
3
155
February
351
17,380
77
3,686
4
182
March
April
May
June
July
August
September
October
November
December
Average
333
16,798
69
3,565
3
169
Jacobs - Fayetteville Project
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Jacobs Fayetteville - Client Monthly Report for February 2022 oaco S
Goose Creek Effluent Characteristics
2022
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/100m1)
Permit
Limit
February
13.3
1,109.2
15.0
1,251
1.0
83.4
3.7
341.9
8.7
6.0
9.0
1,000
January
1 9.0
2.0
145.5
1.0
73
1 0.06
4.2
0.03
1 1.96
10.9
7.1
1 7.4
7
February
11.4
2.0
190.3
1.0
95
0.06
6.1
0.06
6.9
11.0
7.0
7.3
5
March
April
May
June
July
August
September
October
November
December
Average
10.2
2.0
167.9
1.0
84
0.06
5.1
0.05
4.4
11.0
7.1
7.3
6
Paul R. Noland Influent Characteristics
Noland
WRRF
Monthly
Average
Flow
(MGD)
Hydraulic
Loadings
Percent
of Design
BOD
Loading
(lbs/d)
Organic
Loading
Percent
of
Design
TSS
Loading
(lbs/d)
TSS
Loading
Percent
of
Design
PO4
Loading
(lbs/d)
PO4
Loading
Percent
of
Design
NH3
Loading
(lbs/d)
NH3
Loading
Percent
of
Design
Designed
(Annual
Avg.)
12.6
29,666
23,198
765
2,250
January
5.5
44.0%
15,277
51.5%
8,140
35.1%
176
23.0%
742
33.0%
February
7.2
57.3%
14,861
50.1%
9,849
42.5%
214
28.0%
936
41.6%
March
April
May
June
July
August
September
October
November
December
Average
6.4
50.6%
15,069
50.8%
8,995
38.8%
195
25.5%
839
37.3%
Jacobs - Fayetteville Project 20
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Jacobs Fayetteville — Client Monthly Report for February 2022 jaco S
West Side Influent Characteristics
West Side
WRRF
Monthly
Average
Flow
(MGD)
Hydraulic
Loadings
Percent
of Design
BOD
Loading
(lbs/d)
Organic
Loading
Percent
of
Design
TSS
Loading
(lbs/d)
TSS
Loading
Percent
of
Design
PO4
Loading
(lbs/d)
PO4
Loading
Percent
of
Design
NH3
Loading
(lbs/d)
NH3
Loading
Percent
of
Design
Designed
(Annual
Avg.)
10.0
14,595
14,595
584
1918
January
9.0
89.9%
10,385
71.2%
12,697
87.0%
182
31.1%
1,516
79.0%
February
11.3
113.4%
14,687
100.6%
14,604
100.1%
201
34.5%
1,293
67.4%
March
April
May
June
July
August
September
October
November
December
Average
10.2
101.6%
12,536
85.9%
13,651
93.5%
191
32.8%
1,405
73.2%
Jacobs — Fayetteville Project 21
7
Jacobs Fayetteville - Client Monthly Report for February 2022 jaco S
Labor Status
Department
Job Title
Employee Name
Fayetteville
/oetteville
FTE
Admin
Project Manager
Monty Sedlak
82.00%
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
John Tenberge
100.00%
BMS
Operator I
David Dajani
100.00%
BMS
Equipment Operator
Charlie Boger
100.00%
BMS
Equipment Operator
Rick Witherspoon
100.00%
BMS
Equipment Operator
Steve Cook
100.00%
BMS
Equipment Operator
Vacant
100.00%
BMS
Operator In Training
Ben Shondelmyer
100.00%
BMS
Operator In Training
Vacant
100.00%
BMS
Operator In Training
Robert Donnell
100.00%
BMS
Operator In Training
Vacant
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
100.00%
LAB
Laboratory Analyst
Walter Chodor
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
Vacant
100.00%
Maint
Mechanic
Michael Spohn
100.00%
Maint
Mechanic
Rick Dollarhide
100.00%
Maint
Mechanic in Training
Luke Haegele
100.00%
Maint
Mechanic in Training
Vacant
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
Jeremy Johnson
100.00%
Jacobs - Fayetteville Project
7
Jacobs Fayetteville - Client Monthly Report for February 2022 jaco S
Operations
Operator In Training
Brittney Doyle
100.00%
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 = 43.0
Filled FTE's= 40.8
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
Maintenance
Maintenance
Network Upgrade Campos, Edgar 28.5
Asset Manager Support Bass, Edward Lee 0
Asset Manager Support Turley, Johnny D (JD) 37
Jacobs — Fayetteville Project 23