Water Tank Maintenance Contract

CITY COMMISSION AGENDA MEMO February 1, 2021

FROM: Ben Kearns, Public Works Management Assistant Randy DeWitt, P. E., Assistant Director of Public Works

MEETING: February 16, 2021

SUBJECT: Award Contract for the Water Storage Tank Asset Management Program (WA2016, CIP WA201P)

PRESENTER: Robert K. Ott, P. E., Director of Public Works

BACKGROUND

The City of Manhattan currently owns and operates six (6) active above-ground water storage tanks within the water distribution system that provides a combined capacity of 5.7 million gallons . This includes the following tanks: Bluemont Tank, Sunset Avenue (Cemetery) Tank, Sunset Zoo Tower, Miller Ranch Tower, Northwest (Colbert Hills) Tower and CiCo (Londondery) Tank. The storage provided by these tanks ensures water pressure and fire flow protection throughout the City’s distribution system per the Kansas Department of Health and Environment (KDHE) and the American Water Works Association (AWWA) standards. In addition, the City owns and maintains a historic water structure, Landmark Tower, which has been removed from service.

On July 10, 2010, the City entered into a 10-year maintenance agreement with Utility Service, Inc., of Perry, Georgia (Utility Services). This agreement was amended on September 28, 2011, and March 4, 2014, to include the Backwash Tank located at the Water Treatment Plant (WTP). The maintenance agreement included annual visual inspections for each City tank or tower, washout inspection every three (3) years, and an interior and exterior renovation every ten (10) years. The agreement also required the contractor to maintain the tanks and towers in full compliance with minimum performance standards, including making all necessary miscellaneous structural and other maintenance repairs. Utility Services annual fee to maintain all of the City’s water storage tanks was $127,829. This agreement with Utility Services expired July 31, 2020.

Prior to this maintenance agreement, the City scheduled each tower for complete renovation painting every ten (10) years. The City did not conduct regular inspection or collect data to prioritize tanks for painting to maintain them per AWWA guidelines. This maintenance method allowed tank coatings to deteriorate to the point where re-coating was more expensive due to accumulations of rust and corrosion, extensive blasting, prime coats, and steel repairs. Further, the City was not in compliance with AWWA guidelines, which state that all tanks should be inspected every three (3) years. Finally, the City was constrained by the low bid process, often having to hire a contractor to paint tanks that did not provide sufficient painting services. Annual costs were typically budgeted at $300,000 per the City’s Capital Improvement Project (CIP) program.

On July 21, 2020, the City Commission authorized City staff to advertise a Request for Qualifications (RFQ) process for water storage tank management services for the next 10- year period from firms with extensive experience in providing these services. In general, the firm would provide all engineering and inspection services specific to the maintenance of the seven (7) existing water storage tanks, including the WTP Backwash Tank. The City also sought recommendations for inspection and maintenance for the Landmark Tower and the two (2) finished water clearwells (in ground storage tanks) at the WTP.

Detailed services within the agreement include an initial assessment of each tank, regular inspections, repairs, perpetual maintenance, rehabilitation, washout, preventative maintenance, proactive asset management and painting services. All coating systems are to be included as well. The firm shall warranty all work throughout the duration of the agreement. Ideally, all tanks must receive visual inspections annually, washout inspections every 3-4 years and a complete interior and exterior renovation at an interval to be determined based on the determination of the selected firms initial tank assessment.

DISCUSSION

City Administration assembled a Selection Committee comprised of City staff from the Public Works and City Manager’s Office. A total of four (4) proposals were received and reviewed. The Selection Committee did not conduct interviews.

On October 6, 2020, the City Commission accepted the Selection Committee’s recommendation to select Suez Advanced Solutions (Suez), of Atlanta, Georgia, for the Water Storage Tank Asset Management Program. Suez is the parent company for Utility Services. The recommendation is due in large part to Suez’s experience in maintaining similar structures for other municipalities and their prior performance for the City of Manhattan.

On January 20, 2021, Suez presented seven (7) individual site agreements (see enclosed), for the Water Storage Tank Asset Management Program. These agreements will provide for the inspection, maintenance, and rehabilitation of each storage site from 2021 through 2031. Upon completion of the original agreements, Suez has also provided an option for an automatic year to year renewal. Suez prefers to have separate agreements for each asset instead of the originally requested one (1) all-encompassing agreement to allow flexibility to remove tanks (if necessary) or add tanks in the future. City staff is in concurrence with this. The scope of services provided is similar to the prior agreement between the City and Suez, with one major difference: Suez will provide a full warranty on all work for the entire 10-year period of the agreement.

The primary services provided with the Agreements are as follows:

• Annually inspect and service the tank to ensure the structure is in a sound, watertight condition, meeting all state and federal guidelines. • Every third year, the tank will be drained and thoroughly cleaned. The interior be thoroughly inspected and disinfected prior to returning the tank to service. • Suez will furnish engineering and inspection services needed to conduct maintenance and repairs. • The tanks will be cleaned and repainted, both interior and exterior, at such time as complete repainting is required. This will include the cost of design for new logo templates. • Suez will provide emergency services to perform all repairs covered under the agreement, including graffiti removal.

The total expenditure for the 2021-2031Water Storage Tank Asset Management Program is $2,028,710, with annual payments of $202,871. If the renewal option is exercised by the City in 2031, the cost per site will be slightly less than the original agreement. The initial reduction in price is due to the previous ten (10) years maintenance. Commencing in 2032, if the City opts to continue the agreement, the costs would include annual increases of up to 5 percent from the previous year’s expense. See table below:

Annual Costs Location 2021-2030 2031 2032 2033 2034 2035 Backwash $9,956 $9,697 $10,040 $10,396 $10,764 $11,145 Bluemont $17,600 $21,205 $21,956 $22,733 $23,538 $24,371 CiCo $51,403 $39,716 $41,122 $42,578 $44,085 $45,646 NW/Colbert Hills $27,700 $22,980 $23,793 $24,635 $25,508 $26,411 Miller Ranch $28,234 $22,980 $23,793 $24,636 $25,508 $26,411 Sunset Avenue $24,207 $29,165 $30,198 $31,267 $32,373 $33,520 Sunset Zoo $43,771 $35,324 $36,574 $37,869 $39,209 $40,597 Total Annual Cost $202,871 $181,067 $187,476 $194,115 $200,985 $208,101

The Landmark Tower, which is not in active service and is designated as a historic site/park, has not been included in this agreement due to its lower priority. Suez estimates that it will require approximately $100,000 in future maintenance to ensure that corrosion will not significantly reduce the structural integrity. Recommended maintenance includes several safety upgrades, foundation repairs, exterior painting, and interior sandblasting and painting. Public Works Administration feels that the cost of this maintenance should not be paid for solely with the proposed agreement to maintain active tanks. A separate CIP project will be established and supplemental funds outside of the Water Fund should (i.e., grants) be sought to support its maintenance. This could also be bid out to local contractors to potentially save on expenses.

Additionally, the inspection and maintenance of the WTP clearwells were not included in this agreement. The frequency of maintenance on these clearwells is less and the anticipated expenses are lower and can be completed through the annual WTP maintenance budget.

FINANCING

Funding for this project has been programmed within the City’s CIP, with the annual contract payments budgeted from the Water Fund. The approved CIP budget included an annual amount of $150,000. The proposed annual expenses with these agreements is $202,871. Public Works Administration has reviewed the funds and determined that there is adequate funds available in the Water Fund budget for the increased annual amount.

ALTERNATIVES

It appears the Commission has the following alternatives concerning the matter at hand. The Commission may:

1. Authorize City Administration to finalize and the Mayor and City Clerk to execute a Water Tank Maintenance Contract for each individual water tank with Suez Advanced Solutions, of Atlanta, Georgia, in the total amount of $2,028,710 for the Water Storage Tank Asset Management Program (WA2016, CIP WA201P), with annual payments totaling $202,871. 2. Do not authorize execution of the contracts. 3. Modify to meet the needs of the Commission. 4. Table the item.

RECOMMENDATION

City Administration recommends the City Commission authorize City Administration to finalize and the Mayor and City Clerk to execute a Water Tank Maintenance Contract for each individual water tank with Suez Advanced Solutions, of Atlanta, Georgia, in the amount of $2,028,710 for the Water Storage Tank Asset Management Program (WA2016, CIP WA201P), with annual payments totaling $202,871.

POSSIBLE MOTION

Authorize City Administration to finalize and the Mayor and City Clerk to execute a Water Tank Maintenance Contract for each individual water tank with Suez Advanced Solutions, of Atlanta, Georgia, in the amount of $2,028,710 for the Water Storage Tank Asset Management Program (WA2016, CIP WA201P), with annual payments totaling $202,871.

21013 BFK/MS

Enclosures: 1. Water Tank Maintenance Contract – Bluemont Hill Tank 2. Water Tank Maintenance Contract – CiCo Park Tank 3. Water Tank Maintenance Contract – Colbert Hills Tank 4. Water Tank Maintenance Contract – Miller Ranch Tank 5. Water Tank Maintenance Contract – Sunset Avenue Tank 6. Water Tank Maintenance Contract – Sunset Zoo Tank 7. Water Tank Maintenance Contract – Back Wash Tank Utility Service Co., Inc.

Water Tank Maintenance Contract

Owner: City of Manhattan Manhattan, KS

Tank Size/Name: 750,000 Gallon Standpipe – Bluemont Hill Tank Location: 1201Draft Bluemont Scenic Drive Date Prepared: January 19, 2021

535 Gen Courtney Hodges Blvd · P O Box 1350 · Perry, GA 31069 Toll-free: 855.526.4413 | Fax: 478.987.2991 | suez-na.com

WATER TANK MAINTENANCE CONTRACT

This Contract entered into by and between the City of Manhattan, whose business address is 1101 Poyntz Avenue, Manhattan, Kansas 66502 (hereinafter referred to as “the Owner”) and Utility Service Co., Inc., whose business address is 535 General Courtney Hodges Boulevard, P O Box 1350, Perry, GA 31069 (hereinafter referred to as “the Company”).

Therefore, in consideration of the mutual promises contained herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Owner and the Company, the parties agree as follows:

The Owner agrees to engage the Company to provide the professional service needed to maintain its 750,000 gallon water storage tank located at 1201 Bluemont Scenic Drive, Manhattan, Kansas 66502 (hereinafter “tank”).

1. Company’s Responsibilities. This Contract outlines the Company’s responsibility for the care and maintenance of the above described water storage tank. Care and maintenance include the following:

A. The Company will annually inspect and service the tank. The tank and tower will be thoroughly inspected to ensure that the structure is in a sound, watertight condition. B. Every third year, beginning with the first washout/inspection, the tank will be completely drained and cleaned to remove all mud, silt, and other accumulations that might be harmful to the tank or its contents. After cleaning is completed, the interior will be thoroughly inspected and disinfected prior to returning the tank to service; however, the Owner is responsible for draining and filling the tank and conducting any required testing of the water. A written report will be mailed to the Owner after each inspection. C. The Company shallDraft furnish engineering and inspection services needed to maintain and repair the tank and tower during the term of this Contract. The repairs include: steel parts, expansion joints, water level indicators, sway rod adjustments, and manhole covers/gaskets. D. The Company will clean and repaint the interior and/or exterior of the tank at such time as complete repainting is needed. The need for interior painting is to be determined by the thickness of the existing liner and its protective condition. When interior repainting is needed, procedures as outlined in A.W.W.A.-D102 specifications for cleaning and coating of potable water tanks will be followed. Only material approved for use in potable water tanks will be used on any interior surface area. The need for exterior painting is to be determined by the appearance and protective condition of the existing paint. At the time the exterior requires repainting, the Company agrees to paint the tank with the same color paint and to select a coating system which best suits the site conditions, environment, and general location of the tank. When painting is needed, all products and procedures will be equal to, or exceed the requirements of the State of

Page 1 of 6 © 2020 Utility Service Co., Inc. Rev. 09/20 Kansas, the American Water Works Association, and the Society for Protective Coatings as to surface preparation and coating materials. E. A lock will be installed on the roof hatch of the tank. F. The Company will provide emergency services, when needed, to perform all repairs covered under this Contract. Reasonable travel time must be allowed for the repair unit to reach the tank site. G. The Company will furnish pressure relief valves, if requested by the Owner, so that the Owner can install the valves in its water system while the tank is being serviced. H. The Company will furnish current certificates of insurance coverage to the Owner. I. In the event that the Owner will not release the tank for service or is the cause of unreasonable delay in the performance of any service herein, the Company reserves the right to renegotiate the annual fees, and the Owner agrees to renegotiate the annual fees in good faith. In addition, the Owner hereby agrees that the Company can replace a washout inspection with a visual inspection, ROV inspection, or UAV inspection without requiring modification of this Contract.

2. Contract Price/Annual Fees. The first ten (10) annual fees shall be $17,600.00 per Contract Year. The annual fee for Contract Year 11 shall be $21,205.00. Each anniversary thereafter, the annual fee shall be adjusted to reflect the current cost of service. The adjustment of the annual fee shall be limited to a maximum of 5% annually. All applicable taxes are the responsibility of the Owner and are in addition to the stated costs and fees in this Contract. A “Contract Year” shall be defined as each consecutive 12-month period following the first day of the month in which the Contract is executed by the Owner and each subsequent 12-month period thereafter during the time the Contract is in effect. For example, if a contract was signed by an Owner on April 17, 2019, Contract Year 1 for that contract would be April 1, 2019 to March 31, 2020, and Contract Year 2 for that contract would be April 1, 2020 to March 31, 2021 and so on. See Exhibit A – Projected Schedule of Work and Fees.

4. Structure of Tank. The Company is accepting this tank under program based upon its existing structure and components. Any modifications to the tank, including antenna installations, shall be approved by Utility Service Co., Inc., prior to installation and may warrant an increase in the annual fee. Draft 5. Environmental, Health, Safety, or Labor Requirements. The Owner hereby agrees that future mandated environmental, health, safety, or labor requirements as well as changes in site conditions at the tank site which cause an increase in the cost of tank maintenance will be just cause for modification of this Contract. Said modification of this Contract will reasonably reflect the increased cost of the service with a newly negotiated annual fee.

The parties agree that the Company’s annual fees are based on the Owner’s representation that the work to be performed under this Contract is not subject to prevailing wage requirements. The Owner agrees to notify the Company immediately, if the Company’s work is (or will become) subject to prevailing wage requirements, so that the Company may submit revised amounts for annual fees.

6. Excluded Items. This Contract does NOT include the cost for and/or liability on the part of the Company for: (1) containment of the tank at anytime during the term of the Contract; (2) disposal of

Page 2 of 6 © 2020 Utility Service Co., Inc. Rev. 09/20 any hazardous waste materials; (3) resolution of operational problems or structural damage due to cold weather; (4) repair of structural damage due to antenna installations or other attachments for which the tank was not originally designed; (5) resolution of operational problems or repair of structural damage or site damage caused by physical conditions below the surface of the ground; (6) negligent acts of Owner’s employees, agents or contractors; (7) damages, whether foreseen or unforeseen, caused by the Owner’s use of pressure relief valves; (8) repairs to the foundation of the tank; (9) any latent defects of the tank or its components (i.e., corrosion from the underside of the floor plates or corrosion in areas not accessible to maintain); (10) other conditions which are beyond the Owner’s and Company’s control, including, but not limited to: acts of God and acts of terrorism. Acts of terrorism include, but are not limited to, any damage to the tank or tank site which results from unauthorized entry of any kind to the tank site or tank; or (11) payment of prevailing wages at any time during the term of the contract.

8. Termination. The Owner shall have the right to continue this Contract for an indefinite period of time providing payment of the annual fees is in accordance with the terms herein. This Contract is subject to termination by the Owner only if written notice of intent to terminate is received by the Company ninety (90) days prior to the first day of the upcoming Contract Year. Notice of Termination is to be delivered by registered mail to Utility Service Co., Inc., Attention: Customer Service, P O Box 1350, Perry, Georgia 31069, and signed by three (3) authorized voting officials of the Owner’s management and/or Commissioners.

9. Assignment. The Owner may not assign or otherwise transfer all or any of its interest under this Contract without the prior written consent of the Company. If the Company agrees to the assignment, the Owner shall remain responsible under this Contract, until its assignee assumes in full and in writing all of the obligations of the Owner under this Contract. Any attempted assignment by Owner in violation of this provision will be void and of no effect. Draft 10. Indemnification. THE COMPANY AGREES TO INDEMNIFY THE OWNER AND HOLD THE OWNER HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LIABILITY, AND EXPENSE IN CONNECTION WITH LOSS OF LIFE, PERSONAL INJURY, AND/OR DAMAGE TO PROPERTY BY REASON OF ANY ACT, OMISSION, OR REPRESENTATION OF THE COMPANY OR ITS SUBCONTRACTORS, AGENTS, OR EMPLOYEES. IN TURN, THE OWNER AGREES TO INDEMNIFY THE COMPANY AND HOLD THE COMPANY HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LIABILITY, AND EXPENSE IN CONNECTION WITH LOSS OF LIFE, PERSONAL INJURY, AND/OR DAMAGE TO PROPERTY BY REASON OF ANY ACT, OMISSION, OR REPRESENTATION OF THE OWNER OR ITS CONTRACTORS, AGENTS, OR EMPLOYEES. THE INDEMNIFICATION PROVIDED IN THIS PARAGRAPH DOES NOT AFFECT THE COMPANY’S LIMITATIONS OF LIABILITY SET FORTH IN OTHER PARAGRAPHS OF THIS CONTRACT.

Page 3 of 6 © 2020 Utility Service Co., Inc. Rev. 09/20 11. Assignment of Receivables. The Company reserves the right to assign any outstanding receivables from this Contract to its Bank or other Lending Institutions as collateral for any loans or lines of credit.

12. Miscellaneous Items. No modifications, amendments, or alterations of this Contract may be made except in writing signed by all the parties to this Contract. No failure or delay on the part of any party hereto in exercising any power or right hereunder shall operate as a waiver thereof. The parties expressly warrant that the individuals who sign below are authorized to bind them.

13. Visual Inspection Disclaimer. This Contract is based upon a visual inspection of the Tank. The Owner and the Company hereby acknowledge and agree that a visual inspection is intended to assess the condition of the Tank for all patent defects. If latent defects are identified once the tank has been drained for repairs, the Owner agrees and acknowledges that the Company shall not be responsible to repair the latent defects unless the Owner and the Company renegotiate the annual fees. The definition of a “latent defect” shall be any defect of the Tank which is not easily discovered (e.g., corrosion of the floor plates, corrosion in areas not accessible to maintain, damage to the roof of the tank which is not clearly visible during the visual inspection, etc.).

15. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings, and agreement relating to the subject matter hereof, whether oral or written.

This Contract is executed and effective as of the date last signed by the parties below.

OWNER: COMPANY:

City of Manhattan Utility Service Co., Inc. Draft

By: By:

Title: Title: Senior VP, Advanced Solutions LOB

Print Name: Print Name: Jonathan Cato

Date: Date:

Witness: Witness:

Seal: Seal:

City of Manhattan - Tnemec Standard 10 Year Asset Management Program Projected Schedule of Work

2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 ROV, Visual Washout Visual Visual Int. and Ext. Visual Visual Washout Visual Visual Washout Visual Visual Exterior Backwash Washout or Inpection & Inpection & Inpection & Inpection & Renovation Inpection & Inpection & Inpection & Inpection & Inpection & Inpection & Inpection & Inpection & Renovation GroundStorage Visual & Emergency Emergency Emergency Emergency & Emergency Emergency Emergency Emergency Emergency Emergency Emergency Emergency Emergency & Emergency .2 MG Emergency Services Services Services Services Services Services Services Services Services Services Services Services Services Services Services $ 9,956 $ 9,956 $ 9,956 $ 9,956 $ 9,956 $ 9,956 $ 9,956 $ 9,956 $ 9,956 $ 9,956 $ 9,697 $ 10,040 $ 10,396 $ 10,764 $ 11,145 ROV, Visual Visual Washout Visual Visual Washout Visual Visual Exterior Visual Visual Interior Visual Visual Bluemont Washout or Inpection & Inpection & Inpection & Inpection & Inpection & Inpection & Inpection & Inpection & Renovation Inpection & Inpection & Renovation Inpection & Inpection & Standpipe Visual & Emergency Emergency Emergency Emergency Emergency Emergency Emergency Emergency & Emergency Emergency Emergency & Emergency Emergency Emergency .75 MG Emergency Services Services Services Services Services Services Services Services Services Services Services Services Services Services Services $ 17,600 $ 17,600 $ 17,600 $ 17,600 $ 17,600 $ 17,600 $ 17,600 $ 17,600 $ 17,600 $ 17,600 $ 21,205 $ 21,956 $ 22,733 $ 23,538 $ 24,371 ROV, Exterior Visual Interior Visual Visual Washout Visual Visual Washout Visual Exterior Visual Visual Interior Cico Washout or Renovation Inpection & Renovation Inpection & Inpection & Inpection & Inpection & Inpection & Inpection & Inpection & Renovation Inpection & Inpection & Renovation Ground Storage Visual & & Emergency Emergency & Emergency Emergency Emergency Emergency Emergency Emergency Emergency Emergency & Emergency Emergency Emergency & Emergency 2 MG Emergency Services Services Services Services Services Services Services Services Services Services Services Services Services Services Services $ 51,403 $ 51,403 $ 51,403 $ 51,403 $ 51,403 $ 51,403 $ 51,403 $ 51,403 $ 51,403 $ 51,403 $ 39,716 $ 41,122 $ 42,578 $ 44,085 $ 45,646

Visual Exterior Visual Washout Visual Visual Interior Visual Visual Washout Visual Exterior Visual Visual Washout Colbert Hill Inpection & Renovation Inpection & Inpection & Inpection & Inpection & Renovation Inpection & Inpection & Inpection & Inpection & Renovation Inpection & Inpection & Inpection & CompositeHydropillar Emergency & Emergency Emergency Emergency Emergency Emergency & Emergency Emergency Emergency Emergency Emergency & Emergency Emergency Emergency Emergency .5 MG Services Services Services Services Services Services Services Services Services Services Services Services Services Services Services

$ 27,700 $ 27,700 $ 27,700 $ 27,700 $ 27,700 $ 27,700 $ 27,700 $ 27,700 $ 27,700 $ 27,700 $ 22,980 $ 23,793 $ 24,636 $ 25,508 $ 26,411 Exterior Visual Visual Washout Visual Interior Visual Visual Washout Visual Visual Exterior Visual Visual Washout Miller Ranch Renovation, Inpection & Inpection & Inpection & Inpection & Renovation Inpection & Inpection & Inpection & Inpection & Inpection & Renovation Inpection & Inpection & Inpection & CompositeHydropillar TUI, & Emergency Emergency Emergency Emergency & Emergency Emergency Emergency Emergency Emergency Emergency & Emergency Emergency Emergency Emergency .5 MG Emergency Services Services Services Services Services Services Services Services Services Services Services Services Services Services Services $ 28,234 $ 28,234 $ 28,234 $ 28,234 $ 28,234 $ 28,234 $ 28,234 $ 28,234 $ 28,234 $ 28,234 $ 22,980 $ 23,793 $ 24,636 $ 25,508 $ 26,411 ROV, Visual Visual Washout Visual Visual Washout Visual Visual Exterior Visual Visual Interior Visual Visual Sunset Avenue Washout or Inpection & Inpection & Inpection & Inpection & Inpection & Inpection & Inpection & Inpection & Renovation Inpection & Inpection & Renovation Inpection & Inpection & Ground Storage Visual & Emergency Emergency Emergency Emergency Emergency Emergency Emergency Emergency & Emergency Emergency Emergency & Emergency Emergency Emergency 1.25 MG Emergency Services Services Services Services Services Services Services Services Services Services Services Services Services Services Services $ 24,207 $ 24,207 $ 24,207 $ 24,207 $ 24,207 $ 24,207 $ 24,207 $ 24,207 $ 24,207 $ 24,207 $ 29,165 $ 30,198 $ 31,267 $ 32,373 $ 33,520 ROV, Exterior Visual Visual Interior Visual Visual Washout Visual Visual Exterior Visual Visual Washout Visual Sunset Zoo Washout or Renovation Inpection & Inpection & Renovation Inpection & Inpection & Inpection & Inpection & Inpection & Renovation Inpection & Inpection & Inpection & Inpection & Elevated Visual & & Emergency Emergency Emergency & Emergency Emergency Emergency Emergency Emergency Emergency & Emergency Emergency Emergency Emergency Emergency .5 MG Emergency Services Services Services Services Services Services Services Services Services Services Services Services Services Services DraftServices $ 43,771 $ 43,771 $ 43,771 $ 43,771 $ 43,771 $ 43,771 $ 43,771 $ 43,771 $ 43,771 $ 43,771 $ 35,324 $ 36,574 $ 37,869 $ 39,209 $ 40,597

$ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 181,067 $ 187,476 $ 194,115 $ 200,985 $ 208,101

Exhibit B – Repair Schedule

Year 1 Cico Tank Install KDHE approved flapper/screen

Miller Tower Repairs holes in roof

Sunset Ave (Cemetery) Weld pilasters

Sunset Zoo Tower Install new OSHA compliant manway Install KDHE approved overflow flapper/screen Remove cathodic protection

Year 2 Miller Tower Install frost proof vent Install cable safety climb

Colbert Hill Tower Install cable safety climb

Year 5 Backwash Tank Frost proof vent

Year 13 Sunset Ave (cemetery) Interior beam replacement

Draft

Utility Service Co., Inc.

Water Tank Maintenance Contract

Owner: City of Manhattan Manhattan, KS

Tank Size/Name: 2,000,000 Gallon Ground – Cico Park Reservoir Tank

Location: 2288 Londondery Drive Draft Date Prepared: January 19, 2021

535 Gen Courtney Hodges Blvd · P O Box 1350 · Perry, GA 31069 Toll-free: 855.526.4413 | Fax: 478.987.2991 | suez-na.com

WATER TANK MAINTENANCE CONTRACT

The Owner agrees to engage the Company to provide the professional service needed to maintain its 2,000,000 gallon water storage tank located at 2288 Londondery Drive, Manhattan, Kansas 66502 (hereinafter “tank”).

Page 1 of 7 © 2020 Utility Service Co., Inc. Rev. 09/20 Kansas, the American Water Works Association, and the Society for Protective Coatings as to surface preparation and coating materials. E. A lock will be installed on the roof hatch of the tank. F. The Company will provide emergency services, when needed, to perform all repairs covered under this Contract. Reasonable travel time must be allowed for the repair unit to reach the tank site. G. The Company will furnish pressure relief valves, if requested by the Owner, so that the Owner can install the valves in its water system while the tank is being serviced. H. The Company will furnish current certificates of insurance coverage to the Owner. I. In the event that the Owner will not release the tank for service or is the cause of unreasonable delay in the performance of any service herein, the Company reserves the right to renegotiate the annual fees, and the Owner agrees to renegotiate the annual fees in good faith. In addition, the Owner hereby agrees that the Company can replace a washout inspection with a visual inspection, ROV inspection, or UAV inspection without requiring modification of this Contract.

2. Contract Price/Annual Fees. The tank shall receive an exterior renovation and repairs prior to the end of Contract Year 1. The tank shall receive an interior renovation prior to the end of Contract Year 3. The first ten (10) annual fees shall be $51,403.00 per Contract Year. The annual fee for Contract Year 11 shall be $39,716.00. Each anniversary thereafter, the annual fee shall be adjusted to reflect the current cost of service. The adjustment of the annual fee shall be limited to a maximum of 5% annually. All applicable taxes are the responsibility of the Owner and are in addition to the stated costs and fees in this Contract. A “Contract Year” shall be defined as each consecutive 12- month period following the first day of the month in which the Contract is executed by the Owner and each subsequent 12-month period thereafter during the time the Contract is in effect. For example, if a contract was signed by an Owner on April 17, 2019, Contract Year 1 for that contract would be April 1, 2019 to March 31, 2020, and Contract Year 2 for that contract would be April 1, 2020 to March 31, 2021 and so on. See Exhibit A – Projected Schedule of Work and Fees. See Exhibit B – Repair Schedule.

3. Payment Terms. The annual fee for Contract Year 1, plus all applicable taxes, shall be due and payable upon completion of the initial exterior renovation and repairs. Each subsequent annual fee, plus all applicable taxes, shall be due and payable on the first day of each Contract Year, thereafter. (Note: Due to the length of time that it takes to perform the initial renovation project, it is possible that two (2) annual fees could fall within one budget year for the Owner). Furthermore, if the Owner elects to terminateDraft this Contract prior to remitting the first ten (10) annual fees, then the balance for work completed shall be due and payable within thirty (30) days of the Company’s receipt of the Owner’s Notice to Terminate.

Page 2 of 7 © 2020 Utility Service Co., Inc. Rev. 09/20 5. Environmental, Health, Safety, or Labor Requirements. The Owner hereby agrees that future mandated environmental, health, safety, or labor requirements as well as changes in site conditions at the tank site which cause an increase in the cost of tank maintenance will be just cause for modification of this Contract. Said modification of this Contract will reasonably reflect the increased cost of the service with a newly negotiated annual fee.

6. Excluded Items. This Contract does NOT include the cost for and/or liability on the part of the Company for: (1) containment of the tank at anytime during the term of the Contract; (2) disposal of any hazardous waste materials; (3) resolution of operational problems or structural damage due to cold weather; (4) repair of structural damage due to antenna installations or other attachments for which the tank was not originally designed; (5) resolution of operational problems or repair of structural damage or site damage caused by physical conditions below the surface of the ground; (6) negligent acts of Owner’s employees, agents or contractors; (7) damages, whether foreseen or unforeseen, caused by the Owner’s use of pressure relief valves; (8) repairs to the foundation of the tank; (9) any latent defects of the tank or its components (i.e., corrosion from the underside of the floor plates or corrosion in areas not accessible to maintain); (10) other conditions which are beyond the Owner’s and Company’s control, including, but not limited to: acts of God and acts of terrorism. Acts of terrorism include, but are not limited to, any damage to the tank or tank site which results from unauthorized entry of any kind to the tank site or tank; or (11) payment of prevailing wages at any time during the term of the contract.

8. Termination. TheDraft Owner shall have the right to continue this Contract for an indefinite period of time providing payment of the annual fees is in accordance with the terms herein. This Contract is subject to termination by the Owner only if written notice of intent to terminate is received by the Company ninety (90) days prior to the first day of the upcoming Contract Year. Notice of Termination is to be delivered by registered mail to Utility Service Co., Inc., Attention: Customer Service, P O Box 1350, Perry, Georgia 31069, and signed by three (3) authorized voting officials of the Owner’s management and/or Commissioners.

Page 3 of 7 © 2020 Utility Service Co., Inc. Rev. 09/20 10. Indemnification. THE COMPANY AGREES TO INDEMNIFY THE OWNER AND HOLD THE OWNER HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LIABILITY, AND EXPENSE IN CONNECTION WITH LOSS OF LIFE, PERSONAL INJURY, AND/OR DAMAGE TO PROPERTY BY REASON OF ANY ACT, OMISSION, OR REPRESENTATION OF THE COMPANY OR ITS SUBCONTRACTORS, AGENTS, OR EMPLOYEES. IN TURN, THE OWNER AGREES TO INDEMNIFY THE COMPANY AND HOLD THE COMPANY HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LIABILITY, AND EXPENSE IN CONNECTION WITH LOSS OF LIFE, PERSONAL INJURY, AND/OR DAMAGE TO PROPERTY BY REASON OF ANY ACT, OMISSION, OR REPRESENTATION OF THE OWNER OR ITS CONTRACTORS, AGENTS, OR EMPLOYEES. THE INDEMNIFICATION PROVIDED IN THIS PARAGRAPH DOES NOT AFFECT THE COMPANY’S LIMITATIONS OF LIABILITY SET FORTH IN OTHER PARAGRAPHS OF THIS CONTRACT.

11. Assignment of Receivables. The Company reserves the right to assign any outstanding receivables from this Contract to its Bank or other Lending Institutions as collateral for any loans or lines of credit.

14. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same Agreement. The Parties may utilize electronic means (including facsimile and e-mail) to execute and transmit the Agreement and all such electronically executed and/or transmitted copies of the Agreement shall be deemed as valid as originals. Draft 15. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings, and agreement relating to the subject matter hereof, whether oral or written.

OWNER: COMPANY:

City of Manhattan Utility Service Co., Inc.

By: By:

Title: Title: Senior VP, Advanced Solutions LOB

Print Name: Print Name: Jonathan Cato

Date: Date

Witness: Witness:

Seal: Seal: Draft

City of Manhattan - Tnemec Standard 10 Year Asset Management Program Projected Schedule of Work

$ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 181,067 $ 187,476 $ 194,115 $ 200,985 $ 208,101

Exhibit B – Repair Schedule

Year 1 Cico Tank Install KDHE approved flapper/screen

Miller Tower Repairs holes in roof

Sunset Ave (Cemetery) Weld pilasters

Sunset Zoo Tower Install new OSHA compliant manway Install KDHE approved overflow flapper/screen Remove cathodic protection

Year 2 Miller Tower Install frost proof vent Install cable safety climb

Colbert Hill Tower Install cable safety climb

Year 5 Backwash Tank Frost proof vent

Year 13 Sunset Ave (cemetery) Interior beam replacement

Draft

Utility Service Co., Inc.

Water Tank Maintenance Contract

Owner: City of Manhattan Manhattan, KS

Tank Size/Name: 500,000 Gallon - Composite – Colbert Hills Tank Location: 5099Draft Marlatt Avenue Date Prepared: January 19, 2021

535 Gen Courtney Hodges Blvd · P O Box 1350 · Perry, GA 31069 Toll-free: 855.526.4413 | Fax: 478.987.2991 | suez-na.com

WATER TANK MAINTENANCE CONTRACT

The Owner agrees to engage the Company to provide the professional service needed to maintain its 500,000 gallon water storage tank located at 5099 Marlatt Avenue, Manhattan, Kansas 66502 (hereinafter “tank”).

2. Contract Price/Annual Fees. The tank shall receive an exterior renovation and repairs prior to the end of Contract Year 2. The tank shall receive an interior renovation prior to the end of Contract Year 7. The first ten (10) annual fees shall be $27,700.00 per Contract Year. The annual fee for Contract Year 11 shall be $22,980.00. Each anniversary thereafter, the annual fee shall be adjusted to reflect the current cost of service. The adjustment of the annual fee shall be limited to a maximum of 5% annually. All applicable taxes are the responsibility of the Owner and are in addition to the stated costs and fees in this Contract. A “Contract Year” shall be defined as each consecutive 12-month period following the first day of the month in which the Contract is executed by the Owner and each subsequent 12-month period thereafter during the time the Contract is in effect. For example, if a contract was signed by an Owner on April 17, 2019, Contract Year 1 for that contract would be April 1, 2019 to March 31, 2020, and Contract Year 2 for that contract would be April 1, 2020 to March 31, 2021 and so on. See Exhibit A – Projected Schedule of Work and Fees. See Exhibit B – Repair Schedule.

3. Payment Terms. The annual fee for Contract Year 1, plus all applicable taxes, shall be due and payable on the first day of the Contract Year. Each subsequent annual fee, plus all applicable taxes, shall be due and payable on the first day of each Contract Year, thereafter. (Note: Due to the length of time that it takes to perform the initial renovation project, it is possible that two (2) annual fees could fall within one budget year for the Owner). Furthermore, if the Owner elects to terminate this Contract priorDraft to remitting the first ten (10) annual fees, then the balance for work completed shall be due and payable within thirty (30) days of the Company’s receipt of the Owner’s Notice to Terminate.

7. Force Majeure. If either party is prevented from performing any of its duties or obligations hereunder (other than duties or obligations with respect to payment) in a timely manner by reason or act of God or force majeure such as fire; war; earthquake; strike; lock-out; labor dispute; flood; public disaster; pandemic or epidemic event (to include but not limited to COVID-19); interruptions or delays in reasonably available means of transportation; acts of any government or its agencies or officers, or any order, regulation, or ruling thereof; equipment or technical malfunctions or failures; power failures or interruptions; or any other reason beyond its reasonable control, such condition shall be deemed to be a valid excuse for delay of performance or for nonperformance of any such duty or obligation for the period during which such conditions exist. Draft 8. Termination. The Owner shall have the right to continue this Contract for an indefinite period of time providing payment of the annual fees is in accordance with the terms herein. This Contract is subject to termination by the Owner only if written notice of intent to terminate is received by the Company ninety (90) days prior to the first day of the upcoming Contract Year. Notice of Termination is to be delivered by registered mail to Utility Service Co., Inc., Attention: Customer Service, P O Box 1350, Perry, Georgia 31069, and signed by three (3) authorized voting officials of the Owner’s management and/or Commissioners.

OWNER: COMPANY:

City of Manhattan Utility Service Co., Inc.

By: By:

Title: Title: Senior VP, Advanced Solutions LOB

Print Name: Print Name: Jonathan Cato

Date: Date

Witness: Witness:

Seal: Seal: Draft

City of Manhattan - Tnemec Standard 10 Year Asset Management Program Projected Schedule of Work

$ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 181,067 $ 187,476 $ 194,115 $ 200,985 $ 208,101

Exhibit B – Repair Schedule

Year 1 Cico Tank Install KDHE approved flapper/screen

Miller Tower Repairs holes in roof

Sunset Ave (Cemetery) Weld pilasters

Sunset Zoo Tower Install new OSHA compliant manway Install KDHE approved overflow flapper/screen Remove cathodic protection

Year 2 Miller Tower Install frost proof vent Install cable safety climb

Colbert Hill Tower Install cable safety climb

Year 5 Backwash Tank Frost proof vent

Year 13 Sunset Ave (cemetery) Interior beam replacement

Draft

Utility Service Co., Inc.

Water Tank Maintenance Contract

Owner: City of Manhattan Manhattan, KS

Tank Size/Name: 500,000 Gallon - Composite – Miller Ranch Tank Location: 4241Draft Miller Parkway Date Prepared: January 19, 2021

535 Gen Courtney Hodges Blvd · P O Box 1350 · Perry, GA 31069 Toll-free: 855.526.4413 | Fax: 478.987.2991 | suez-na.com

WATER TANK MAINTENANCE CONTRACT

The Owner agrees to engage the Company to provide the professional service needed to maintain its 500,000 gallon water storage tank located at 4241 Miller Parkway, Manhattan, Kansas 66502 (hereinafter “tank”).

2. Contract Price/Annual Fees. The tank shall receive an exterior renovation, interior dry touch up and repairs prior to the end of Contract Year 2. The tank shall receive an interior renovation prior to the end of Contract Year 6. The first ten (10) annual fees shall be $28,234.00 per Contract Year. The annual fee for Contract Year 11 shall be $22,980.00. Each anniversary thereafter, the annual fee shall be adjusted to reflect the current cost of service. The adjustment of the annual fee shall be limited to a maximum of 5% annually. All applicable taxes are the responsibility of the Owner and are in addition to the stated costs and fees in this Contract. A “Contract Year” shall be defined as each consecutive 12-month period following the first day of the month in which the Contract is executed by the Owner and each subsequent 12-month period thereafter during the time the Contract is in effect. For example, if a contract was signed by an Owner on April 17, 2019, Contract Year 1 for that contract would be April 1, 2019 to March 31, 2020, and Contract Year 2 for that contract would be April 1, 2020 to March 31, 2021 and so on. See Exhibit A – Projected Schedule of Work and Fees. See Exhibit B – Repair Schedule.

OWNER: COMPANY:

City of Manhattan Utility Service Co., Inc.

By: By:

Title: Title: Senior VP, Advanced Solutions LOB

Print Name: Print Name: Jonathan Cato

Date: Date:

Witness: Witness:

Seal: Seal: Draft

City of Manhattan - Tnemec Standard 10 Year Asset Management Program Projected Schedule of Work

$ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 181,067 $ 187,476 $ 194,115 $ 200,985 $ 208,101

Exhibit B – Repair Schedule

Year 1 Cico Tank Install KDHE approved flapper/screen

Miller Tower Repairs holes in roof

Sunset Ave (Cemetery) Weld pilasters

Sunset Zoo Tower Install new OSHA compliant manway Install KDHE approved overflow flapper/screen Remove cathodic protection

Year 2 Miller Tower Install frost proof vent Install cable safety climb

Colbert Hill Tower Install cable safety climb

Year 5 Backwash Tank Frost proof vent

Year 13 Sunset Ave (cemetery) Interior beam replacement

Draft

Utility Service Co., Inc.

Water Tank Maintenance Contract

Owner: City of Manhattan Manhattan, KS

Tank Size/Name: 1,500,000 Gallon Ground – Sunset Avenue Tank Location: 331Draft Sunset Avenue Date Prepared: January 19, 2021

535 Gen Courtney Hodges Blvd · P O Box 1350 · Perry, GA 31069 Toll-free: 855.526.4413 | Fax: 478.987.2991 | suez-na.com

WATER TANK MAINTENANCE CONTRACT

The Owner agrees to engage the Company to provide the professional service needed to maintain its 1,500,000 gallon water storage tank located at 331 Sunset Avenue, Manhattan, Kansas 66502 (hereinafter “tank”).

2. Contract Price/Annual Fees. The first ten (10) annual fees shall be $24,207.00 per Contract Year. The annual fee for Contract Year 11 shall be $29,165.00. Each anniversary thereafter, the annual fee shall be adjusted to reflect the current cost of service. The adjustment of the annual fee shall be limited to a maximum of 5% annually. All applicable taxes are the responsibility of the Owner and are in addition to the stated costs and fees in this Contract. A “Contract Year” shall be defined as each consecutive 12-month period following the first day of the month in which the Contract is executed by the Owner and each subsequent 12-month period thereafter during the time the Contract is in effect. For example, if a contract was signed by an Owner on April 17, 2019, Contract Year 1 for that contract would be April 1, 2019 to March 31, 2020, and Contract Year 2 for that contract would be April 1, 2020 to March 31, 2021 and so on. See Exhibit A – Projected Schedule of Work and Fees.

Page 2 of 6 © 2020 Utility Service Co., Inc. Rev. 09/20 weather; (4) repair of structural damage due to antenna installations or other attachments for which the tank was not originally designed; (5) resolution of operational problems or repair of structural damage or site damage caused by physical conditions below the surface of the ground; (6) negligent acts of Owner’s employees, agents or contractors; (7) damages, whether foreseen or unforeseen, caused by the Owner’s use of pressure relief valves; (8) repairs to the foundation of the tank; (9) any latent defects of the tank or its components (i.e., corrosion from the underside of the floor plates or corrosion in areas not accessible to maintain); (10) other conditions which are beyond the Owner’s and Company’s control, including, but not limited to: acts of God and acts of terrorism. Acts of terrorism include, but are not limited to, any damage to the tank or tank site which results from unauthorized entry of any kind to the tank site or tank; or (11) payment of prevailing wages at any time during the term of the contract.

10. Indemnification. THEDraft COMPANY AGREES TO INDEMNIFY THE OWNER AND HOLD THE OWNER HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LIABILITY, AND EXPENSE IN CONNECTION WITH LOSS OF LIFE, PERSONAL INJURY, AND/OR DAMAGE TO PROPERTY BY REASON OF ANY ACT, OMISSION, OR REPRESENTATION OF THE COMPANY OR ITS SUBCONTRACTORS, AGENTS, OR EMPLOYEES. IN TURN, THE OWNER AGREES TO INDEMNIFY THE COMPANY AND HOLD THE COMPANY HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LIABILITY, AND EXPENSE IN CONNECTION WITH LOSS OF LIFE, PERSONAL INJURY, AND/OR DAMAGE TO PROPERTY BY REASON OF ANY ACT, OMISSION, OR REPRESENTATION OF THE OWNER OR ITS CONTRACTORS, AGENTS, OR EMPLOYEES. THE INDEMNIFICATION PROVIDED IN THIS PARAGRAPH DOES NOT AFFECT THE COMPANY’S LIMITATIONS OF LIABILITY SET FORTH IN OTHER PARAGRAPHS OF THIS CONTRACT.

This Contract is executed and effective as of the date last signed by the parties below.

OWNER: COMPANY:

City of Manhattan Utility Service Co., Inc.

Draft By: By:

Title: Title: Senior VP, Advanced Solutions LOB

Print Name: Print Name: Jonathan Cato

Date: Date:

Witness: Witness:

Seal: Seal:

Exhibit A – Schedule of Work and Fees

City of Manhattan - Tnemec Standard 10 Year Asset Management Program Projected Schedule of Work

$ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 181,067 $ 187,476 $ 194,115 $ 200,985 $ 208,101

Exhibit B – Repair Schedule

Year 1 Cico Tank Install KDHE approved flapper/screen

Miller Tower Repairs holes in roof

Sunset Ave (Cemetery) Weld pilasters

Sunset Zoo Tower Install new OSHA compliant manway Install KDHE approved overflow flapper/screen Remove cathodic protection

Year 2 Miller Tower Install frost proof vent Install cable safety climb

Colbert Hill Tower Install cable safety climb

Year 5 Backwash Tank Frost proof vent

Year 13 Sunset Ave (cemetery) Interior beam replacement

Draft

Utility Service Co., Inc.

Water Tank Maintenance Contract

Owner: City of Manhattan Manhattan, KS

Tank Size/Name: 500,000 Gallon Elevated – Sunset Zoo Tank Location: 2228Draft Oak Street Date Prepared: January 19, 2021

535 Gen Courtney Hodges Blvd · P O Box 1350 · Perry, GA 31069 Toll-free: 855.526.4413 | Fax: 478.987.2991 | suez-na.com

WATER TANK MAINTENANCE CONTRACT

The Owner agrees to engage the Company to provide the professional service needed to maintain its 500,000 gallon water storage tank located at 2228 Oak Street, Manhattan, Kansas 66502 (hereinafter “tank”).

2. Contract Price/Annual Fees. The tank shall receive an exterior renovation and repairs prior to the end of Contract Year 1. The tank shall receive an interior renovation prior to the end of Contract Year 4. The first ten (10) annual fees shall be $43,771.00 per Contract Year. The annual fee for Contract Year 11 shall be $35,324.00. Each anniversary thereafter, the annual fee shall be adjusted to reflect the current cost of service. The adjustment of the annual fee shall be limited to a maximum of 5% annually. All applicable taxes are the responsibility of the Owner and are in addition to the stated costs and fees in this Contract. A “Contract Year” shall be defined as each consecutive 12- month period following the first day of the month in which the Contract is executed by the Owner and each subsequent 12-month period thereafter during the time the Contract is in effect. For example, if a contract was signed by an Owner on April 17, 2019, Contract Year 1 for that contract would be April 1, 2019 to March 31, 2020, and Contract Year 2 for that contract would be April 1, 2020 to March 31, 2021 and so on. See Exhibit A – Projected Schedule of Work and Fees. See Exhibit B – Repair Schedule.

5. Environmental, Health, Safety, or Labor Requirements. The Owner hereby agrees that future mandated environmental, health, safety, or labor requirements as well as changes in site conditions at the tank site which cause an increase in the cost of tank maintenance will be just cause for modification of this Contract. Said modification of this Contract will reasonably reflect the increased cost of the service with a newly negotiated annual fee.

Page 2 of 7 © 2020 Utility Service Co., Inc. Rev. 09/20 The parties agree that the Company’s annual fees are based on the Owner’s representation that the work to be performed under this Contract is not subject to prevailing wage requirements. The Owner agrees to notify the Company immediately, if the Company’s work is (or will become) subject to prevailing wage requirements, so that the Company may submit revised amounts for annual fees.

10. Indemnification. THE COMPANY AGREES TO INDEMNIFY THE OWNER AND HOLD THE OWNER HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LIABILITY, AND EXPENSE IN CONNECTION WITH LOSS OF LIFE, PERSONAL INJURY, AND/OR DAMAGE TO PROPERTY BY REASON OF ANY ACT, OMISSION, OR REPRESENTATION OF THE COMPANY OR ITS SUBCONTRACTORS, AGENTS, OR EMPLOYEES. IN TURN, THE OWNER AGREES TO INDEMNIFY THE COMPANY AND HOLD THE COMPANY HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LIABILITY, AND EXPENSE IN

Page 3 of 7 © 2020 Utility Service Co., Inc. Rev. 09/20 CONNECTION WITH LOSS OF LIFE, PERSONAL INJURY, AND/OR DAMAGE TO PROPERTY BY REASON OF ANY ACT, OMISSION, OR REPRESENTATION OF THE OWNER OR ITS CONTRACTORS, AGENTS, OR EMPLOYEES. THE INDEMNIFICATION PROVIDED IN THIS PARAGRAPH DOES NOT AFFECT THE COMPANY’S LIMITATIONS OF LIABILITY SET FORTH IN OTHER PARAGRAPHS OF THIS CONTRACT.

This Contract is executed and effective as of the date last signed by the parties below.

OWNER: COMPANY:

City of Manhattan Utility Service Co., Inc.

By: By:

Title: Title: Senior VP, Advanced Solutions LOB

Print Name: Print Name: Jonathan Cato

Date: Date:

Witness: Witness:

Seal: Seal: Draft

City of Manhattan - Tnemec Standard 10 Year Asset Management Program Projected Schedule of Work

$ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 181,067 $ 187,476 $ 194,115 $ 200,985 $ 208,101

Exhibit B – Repair Schedule

Year 1 Cico Tank Install KDHE approved flapper/screen

Miller Tower Repairs holes in roof

Sunset Ave (Cemetery) Weld pilasters

Sunset Zoo Tower Install new OSHA compliant manway Install KDHE approved overflow flapper/screen Remove cathodic protection

Year 2 Miller Tower Install frost proof vent Install cable safety climb

Colbert Hill Tower Install cable safety climb

Year 5 Backwash Tank Frost proof vent

Year 13 Sunset Ave (cemetery) Interior beam replacement

Draft

Utility Service Co., Inc.

Water Tank Maintenance Contract

Owner: City of Manhattan Manhattan, KS

Tank Size/Name: 200,000 Gallon Ground – Back Wash Tank

Location: 1201 North 3rd Street

Date Prepared: January 19, 2021

535 Gen Courtney Hodges Blvd · P O Box 1350 · Perry, GA 31069 Toll-free: 855.526.4413 | Fax: 478.987.2991 | suez-na.com

WATER TANK MAINTENANCE CONTRACT

The Owner agrees to engage the Company to provide the professional service needed to maintain its 200,000 gallon water storage tank located at 1201 North 3rd Street, Manhattan, Kansas 66502 (hereinafter “tank”).

A. The Company will annually inspect and service the tank. The tank and tower will be thoroughly inspected to ensure that the structure is in a sound, watertight condition. B. Every third year, beginning with the first washout/inspection, the tank will be completely drained and cleaned to remove all mud, silt, and other accumulations that might be harmful to the tank or its contents. After cleaning is completed, the interior will be thoroughly inspected and disinfected prior to returning the tank to service; however, the Owner is responsible for draining and filling the tank and conducting any required testing of the water. A written report will be mailed to the Owner after each inspection. C. The Company shall furnish engineering and inspection services needed to maintain and repair the tank and tower during the term of this Contract. The repairs include: steel parts, expansion joints, water level indicators, sway rod adjustments, and manhole covers/gaskets. D. The Company will clean and repaint the interior and/or exterior of the tank at such time as complete repainting is needed. The need for interior painting is to be determined by the thickness of the existing liner and its protective condition. When interior repainting is needed, procedures as outlined in A.W.W.A.-D102 specifications for cleaning and coating of potable water tanks will be followed. Only material approved for use in potable water tanks will be used on any interior surface area. The need for exterior painting is to be determined by the appearance and protective condition of the existing paint. At the time the exterior requires repainting, the Company agrees to paint the tank with the same color paint and to select a coating system which best suits the site conditions, environment, and general location of the tank. When painting is needed, all products and procedures will be equal to, or exceed the requirements of the State of

2. Contract Price/Annual Fees. The tank shall receive an exterior renovation, interior renovation and repairs prior to the end of Contract Year 5. The first ten (10) annual fees shall be $9,956.00 per Contract Year. The annual fee for Contract Year 11 shall be $9,697.00. Each anniversary thereafter, the annual fee shall be adjusted to reflect the current cost of service. The adjustment of the annual fee shall be limited to a maximum of 5% annually. All applicable taxes are the responsibility of the Owner and are in addition to the stated costs and fees in this Contract. A “Contract Year” shall be defined as each consecutive 12-month period following the first day of the month in which the Contract is executed by the Owner and each subsequent 12-month period thereafter during the time the Contract is in effect. For example, if a contract was signed by an Owner on April 17, 2019, Contract Year 1 for that contract would be April 1, 2019 to March 31, 2020, and Contract Year 2 for that contract would be April 1, 2020 to March 31, 2021 and so on. See Exhibit A – Projected Schedule of Work and Fees. See Exhibit B – Repair Schedule.

3. Payment Terms. The annual fee for Contract Year 1, plus all applicable taxes, shall be due and payable on the first day of the Contract Year. Each subsequent annual fee, plus all applicable taxes, shall be due and payable on the first day of each Contract Year, thereafter. (Note: Due to the length of time that it takes to perform the initial renovation project, it is possible that two (2) annual fees could fall within one budget year for the Owner). Furthermore, if the Owner elects to terminate this Contract prior to remitting the first ten (10) annual fees, then the balance for work completed shall be due and payable within thirty (30) days of the Company’s receipt of the Owner’s Notice to Terminate.

OWNER: COMPANY:

City of Manhattan Utility Service Co., Inc.

By: By:

Title: Title: Senior VP, Advanced Solutions LOB

Print Name: Print Name: Jonathan Cato

Date: Date:

Witness: Witness:

Seal: Seal:

City of Manhattan - Tnemec Standard 10 Year Asset Management Program Projected Schedule of Work

$ 27,700 $ 27,700 $ 27,700 $ 27,700 $ 27,700 $ 27,700 $ 27,700 $ 27,700 $ 27,700 $ 27,700 $ 22,980 $ 23,793 $ 24,636 $ 25,508 $ 26,411 Exterior Visual Visual Washout Visual Interior Visual Visual Washout Visual Visual Exterior Visual Visual Washout Miller Ranch Renovation, Inpection & Inpection & Inpection & Inpection & Renovation Inpection & Inpection & Inpection & Inpection & Inpection & Renovation Inpection & Inpection & Inpection & CompositeHydropillar TUI, & Emergency Emergency Emergency Emergency & Emergency Emergency Emergency Emergency Emergency Emergency & Emergency Emergency Emergency Emergency .5 MG Emergency Services Services Services Services Services Services Services Services Services Services Services Services Services Services Services $ 28,234 $ 28,234 $ 28,234 $ 28,234 $ 28,234 $ 28,234 $ 28,234 $ 28,234 $ 28,234 $ 28,234 $ 22,980 $ 23,793 $ 24,636 $ 25,508 $ 26,411 ROV, Visual Visual Washout Visual Visual Washout Visual Visual Exterior Visual Visual Interior Visual Visual Sunset Avenue Washout or Inpection & Inpection & Inpection & Inpection & Inpection & Inpection & Inpection & Inpection & Renovation Inpection & Inpection & Renovation Inpection & Inpection & Ground Storage Visual & Emergency Emergency Emergency Emergency Emergency Emergency Emergency Emergency & Emergency Emergency Emergency & Emergency Emergency Emergency 1.25 MG Emergency Services Services Services Services Services Services Services Services Services Services Services Services Services Services Services $ 24,207 $ 24,207 $ 24,207 $ 24,207 $ 24,207 $ 24,207 $ 24,207 $ 24,207 $ 24,207 $ 24,207 $ 29,165 $ 30,198 $ 31,267 $ 32,373 $ 33,520 ROV, Exterior Visual Visual Interior Visual Visual Washout Visual Visual Exterior Visual Visual Washout Visual Sunset Zoo Washout or Renovation Inpection & Inpection & Renovation Inpection & Inpection & Inpection & Inpection & Inpection & Renovation Inpection & Inpection & Inpection & Inpection & Elevated Visual & & Emergency Emergency Emergency & Emergency Emergency Emergency Emergency Emergency Emergency & Emergency Emergency Emergency Emergency Emergency .5 MG Emergency Services Services Services Services Services Services Services Services Services Services Services Services Services Services Services $ 43,771 $ 43,771 $ 43,771 $ 43,771 $ 43,771 $ 43,771 $ 43,771 $ 43,771 $ 43,771 $ 43,771 $ 35,324 $ 36,574 $ 37,869 $ 39,209 $ 40,597

$ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 202,871 $ 181,067 $ 187,476 $ 194,115 $ 200,985 $ 208,101

Exhibit B – Repair Schedule

Year 1 Cico Tank Install KDHE approved flapper/screen

Miller Tower Repairs holes in roof

Sunset Ave (Cemetery) Weld pilasters

Sunset Zoo Tower Install new OSHA compliant manway Install KDHE approved overflow flapper/screen Remove cathodic protection

Year 2 Miller Tower Install frost proof vent Install cable safety climb

Colbert Hill Tower Install cable safety climb

Year 5 Backwash Tank Frost proof vent

Year 13 Sunset Ave (cemetery) Interior beam replacement