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Home My WebLink About2010-11-09 - Agendas WATER/SEWER COMMITTEE AGENDA 7ayM le MEETING DATE OF NOVEMBR 9, 2010 THE CITY OF FAYETTEVILLE,ARKANSAS Committee: Chairman Kyle Cook; Aldermen: Adella Gray, Robert Rhoads, Sarah Lewis Copy to: Mayor Jordan, Sondra Smith, Don Marr, Paul Becker, Lindsley Smith, Jeremy Pate, Chris Brown, Tom Hubbard, Lynn Hyke, Shannon Jaiq� Peggy Bell, OMI, Will Winn, John Coleman From: David Jurgens, P. E., Utilities Director`\��`\Jr A Fayetteville Water and Sewer Committee meeting rill b2 November% 2010, 6:15 PM (following City Council Agenda Session and Budget Meeting) in room 26, Fayetteville City Hall. Proposed topics include: 1. Ca ital Protect Update. Contract Description Contractor Cost %Complete WL-10a Farmington Gravity Line In Town Portion Gamey Const $ 1,732,251 100.0% EL-3&5 Razorback- Happy Hollow 36/42" Gravity S J Louis Const $ 5,387,098 100.0% CIPP Rehab-Cured in Place Pipe City Wide Insituform $ 330,000 Begin Nov Mt Se uo ah Area Wtr/Swr Upgrades LaRue Contr $ 997,629 100% 36"W/L 36"Water Line on Township Seven Valles $ 1,783,720 100% 265 W/S Relocation &36"Wtr Line, Hwy 265 Design, Easement Acquisition Underway WL-13 Broyles Avenue Gravity Lines Goodwin&Goodwin $ 800,523 79.0% WL-14 Broyles Avenue Force Mains Redford Construction $ 899,626 100.0% WL-15 Bro les Avenue Lift Station Seven Valles $ 591,768 100.0% B:90 Biosolids Solar Drying Dean Crowder $ 4,963,386 8.1% BIO-2 Biosolids Thermal Drying Crossland Heavy $ 2,770,280 NTP 16 Nov Canterbury 500,000 Gallon Water Tower C B & I Inc. $ 1,590,091 10.0% Project is substantially complete, meaning the work can be used to execute its mission. 2. 2011 Wastewater Treatment Contract Amendment with CH2M HILL Engineers, Inc. for$6,765,224 for operation, maintenance, management and engineering services for the City's wastewater treatment facilities and systems, and approving a $70,000 contingency, is attached. The scope of services provided by OMI include: (1) operate and maintain the Noland and West Side Wastewater Treatment Plants (WWTP); (2) operate and maintain 45 wastewater pump station sites (38 stations); (3)administer the City's NPDES discharge, air, stormwater, and other permits; (4) manage the City's biosolids disposal program; (5) manage the City's industrial pretreatment program; (6) support the SCADA(supervisory control and data acquisition system)network that monitors water and wastewater facilities; (7) pursue operation economies, efficiencies, and permit compliance; and (8) participate in the construction and post-construction work of the Wastewater System Improvement Project(WSIP). In late 2009, the City underwent a rigorous selection process with three competitive proposals. The selection committee selected CH2M Hill for a five year contract, which expires December 31, 2014. The 2011 contract amendment updates the scope of services from the 2010 contract, with evolutionary changes reflecting GASB requirements, the expanded wastewater system, updated regulatory requirements, and wastewater treatment related engineering services. To encourage cost saving operations, the contract contains an incentive provision whereby budget savings are distributed 87.5% to the City and 12.5% to CH2M HILL. The 2011 contract amendment reflects a $93,662 cost reduction from 2010, primarily due to reduced operations expenses. The contingency is requested to allow for potential expenses due to increased regulatory requirements with the new NPDES permits. Highlights of changes are below: 1) New USPEA NPDES discharge permits for both wastewater plants. 2) Biosolids drying process coming on line, reducing hauling and landfilling costs and possibly creating a new revenue stream. 3) Beaver Water District sludge land application process coming on line, increasing operating costs that are covered in full by the charges for the service. Staff requests this item be forwarded to the full City Council. 3. Wastewater Treatment Equipment Purchases. As we are issued new wastewater treatment permits, there are certain constituents in our water that we must test at lower level than we can with existing equipment. Part 1 Page 1 W&S CommiftwAgenda9Novt0.doc WATER/SEWER COMMITTEE AGENDA MEETING DATE OF NOVEMBR 9, 2010 a. Flow Injection Analysis instrument with chemistry manifolds for Total Phosphorus as Phosphate- P and Nitrogen as Nitrate plus Nitrite unit for the West Side WWTP, for$49,364.56, from HACH Company, bid #10-65. The bid tab is attached. The Flow Injection Analysis instrument with an in-line heating and sequential digestion unit is capable of performing analyses for total phosphorus, nitrogen as nitrate, and other cation and anion parameters. Based on preliminary input from the ADEQ, it is anticipated that the next NPDES permit for the West Side will contain requirements for Nitrate-Nitrite and may also contain the requirement of 0.1 mg/I Total Phosphorus. This instrument will provide the lab with the capability of analyzing for low level phosphorus and nitrate-nitrite in samples taken from within both wastewater treatment facilities. The City received one bid on October 20, 2010 from HACH Company for$49,364.56. The said bid meets the minimum specification requirements. Although there was only one bidder, the price is within the expected range. Staff requests this item be forwarded to the full City Council. b. Two Online Respirometers to measure wastewater activated sludge respiration rates for the each WWTF, bid 10-64, for a total of$46,431.25 including tax, from Challenge Technologies. The bid tab is attached. The City's two wastewater treatment facilities have different but significant vulnerabilities due to the flows they treat and their construction. The Noland WWTF, which carries as much as 50% industrial flow on low volume days, is very vulnerable to unpredictable biological treatment issues due to the density and challenges of industrial wastewater. The West Side WWTF has much more consistent residential and commercial wastewater, but has no effluent storage capability. For these two reasons, in-line wastewater analysis is key to identifying process issues as early as possible. This continuous or batch mode online analyzer is capable of measuring wastewater activated sludge respiration rates. The units will be installed at the wastewater treatment plant headworks to provide instantaneous characteristics of the incoming waste. They can also be moved to strategic locations within the plants as necessary to monitor for treatment anomalies. This instrumentation will help to provide forewarning of unusual waste strength or toxicity so that process adjustments or decisions can be made much more quickly than is currently possible, thus helping to prevent permit non-compliance and protect the biological treatment systems at both plants. The City received two bids October 22, 2010. The Challenge Technologies bid meets the minimum specification requirements. Challenge Technologies is a company that was born out of the University of Arkansas Innovation Center. Staff requests this item be forwarded to the full City Council. Manufacturer Price Challenge Technologies $ 21,250.00 Liquid Analytical Resource, LLC $ 45,000.00 4. Solid Waste Cost of Services Comparison details will be distributed at the meeting. A detailed comparison shows our Solid Waste Division provides greater and more flexible service than any of the Cities polled, with a very competitive cost to our residential customers. 5. Biosolids Thermal Drying a. Thermal Drying construction contract for$2,770,280 with Crossland Heavy Contractors plus a 5% contingency of$140,000.00 is attached. The City currently hauls an average of 15 tractor trailer loads of biosolids weekly to either the Prairie View Landfill in Lamar, or the Ozark Ridge Landfill in Russellville. The Contract provides for the construction of one thermal drying unit at the Noland farm site, to dry biosolids from both wastewater treatment plants. The City received four bids on October 21. Bids submitted by Clinard Construction Management and VEI General Contractors were withdrew in accordance with the bid documents because they did not include sales tax on the drying equipment in their bid. Therefore, Staff recommends awarding the contract to the lowest responsible bidder, Crossland Heavy Contractors, Inc. Staff requests this item be forwarded to the full City Council. Contractor Bid Price Clinard Construction Management, Inc. withdrew bid, no sales tax $2,545,000 VEI General Contractors, Inc. withdrew bid, no sales tax $ 2,767,387 Crossland Heavy Contractors, Inc. lowest responsible bid $ 2,770,280 Dean Crowder Construction, Inc. $ 2,968,180 b. Solar Drying construction is scheduled for completion in February, 2011. Material handling equipment bids and purchases are in process, so the equipment will be on hand (and operators trained)when construction is completed. Equipment includes a skid steer loader, a spreader trailer, two conveyors, one 100 Part age 2 W&S CommitteeAgenda9Nov OM, WATER/SEWER COMMITTEE AGENDA MEETING DATE OF NOVEMBR 9, 2010 hp tractor(to pull the spreader), a small dump trailer, and a belted trailer for distribution. This equipment cost was included within the biosolids budget. Staff is developing a business plan for the end product, and intends to employ a sales mechanism similar to that currently used for hay sales. 6. Canterbury Tank/Mt. Seauovah Pressure Plane McClelland Engineering Amendment for$32,036.33, for final design services for the tank, water pump station and off site water line extensions, is attached. This amendment covers construction phase services to oversee the construction of the foundation for the water tank. All other construction phases will be inspected by city staff. This amendment also covers the final design services of the Stone Mountain water pump. City staff evaluated several pump station options before selection surface mounted vertical turbine pumps. The preliminary design utilized a lower cost, higher maintenance multi-stage centrifugal pump. This evaluation will save funds in both operation and maintenance costs, but requires more engineering evaluation than was budgeted for in the initial engineering contract. Staff requests this item be forwarded to the full City Council. 7.WL-15 Chance Order 1 to the construction contract with Seven Valleys Concrete for$7,870.56, for construction of the Broyles Avenue sewer pump station, is attached. This change order reconciles actual quantities involved in the construction. It also involves several specific items: 1) modifies actual piping configurations to properly align with the incoming gravity sewer; and 2) adjusts the top of the pump station structure to best match the final grades at the site. A$30,000 contingency was approved with the contract; $22,129.44 will remained after Change Order 1. Any remaining balance will return to the WSIP project fund. 8. WL-10a Chance Order 4 to the Construction Contract with Garvey Construction, for$17,870.56, reconciling final quantities, for the construction of the Farmington Gravity Sewer Line, WSIP Subproject WL-10a. The construction contract is between the City of Farmington and Garney Construction. Fayetteville is paying 19.73%, based on the volume of wastewater that flows through the pipeline sections. Fayetteville is paying its portion via purchase order to Farmington, who is payments to Garvey. This change order allows for increased creek bank stabilization in a key location in Farmington Branch, reconciles all unit quantities in the contract, and is the final change order for the contract. The original design for the one creek bank area was not strong enough, and has been damaged in the large storms experienced this year. Thus, that bank area is being reinforced in a stronger fashion, resulting in the added expense. With the exception of the one creek bank stabilization issue and several locations where final vegetative cover has not been validated, the City finds all work performed in compliance with the contract documents. ANRC has approved the change order; RJN, the Engineer, recommends approval of the change order. This change order is within approved contingencies. Remaining balances will be returned to their res ective cities' funding sources upon final project completion. Change Fayetteville Farmington Fayetteville Farmington Order Fayetteville Farmington Contingency Contingency Contingency Contingency Amount Share Share Before CO Before CO After CO After CO C04 $17,870.56 $3,526.40 $14,344.16 $28,131.87 $102,848.13 $24,605.47 $88,503.97 9.WL-14 Chanae Order 14 to the construction contract with Redford Construction, Inc. for$5,986.33, for construction of the Broyles Avenue sewer force main is attached. This contract is for the construction of 8,190 feet of 12"force main from the new pump station at the intersection of Broyles and Persimmon to the West Side Wastewater Treatment Plant, an rerouting the force main from the Owl Creek pump station directly to the West Side WWTF. This change order reconciles the contract to match actual quantities involved in the construction. Unit quantity changes occurred due to underground circumstances not being entirely predictable before excavation. Additionally, one air release manhole had to be moved to meet property owner requests, and thus had to be raised to ensure it did not flood at the new location. This change order increases the contract price by$5,986.33. A$90,000 contingency was approved with the contract; $84,013.67 will remain after Change Order 1. When the project is closed out, this balance will be returned to the WSIP project fund. 10.Verizon (Gulley Road) Cellular Tower Agreement with Verizon/ Fayetteville MSA Limited Partnership second amendment is attached. This amendment increases the mid-year rent charge and yearly inspection for the cellular antenna on the Gulley Road water tower. The original 5-year agreement between the City of Fayetteville and Verizon/Alltel, was approved 21 September 1999 at a monthly rental rate of$1,000. It allowed Part 1 Page 3 W&S CommitteeAgenda9Nov10.doc WATER/SEWER COMMITTEE AGENDA MEETING DATE OF NOVEMBR 9, 2010 two 5-year renewal terms, executed September 2004 at a monthly rental of$1,200 and December 2009 at a monthly rental rate of$1,440.00. With each renewal the rent will increase by twenty percent(20%) at the inception of each renewal term. This amendment involves increasing the monthly rental amount $245.70 this amount will increase the monthly rent to $1,685.70 ($20,228.40 yearly). Verizon plans to change out three existing large antiquated antennas with six smaller antennas. Verizon's work meets all City requirements. Staff requests this item be forwarded to the full City Council. 11. Solid Waste ADEQ Grants Throuah Boston Mountain Solid Waste District. Acceptance for two approved ADEQ recycling grants (attached), issued through the Boston Mountain Solid Waste District. The recycling grant awards are not matching grants, so no City funds are obligated with this request. Staff requests these items be forwarded to the full City Council. a. Containers. This $29,449 grant will be used to purchase the remaining recycling containers for the new West Side Recycling Drop Off and Education Facility on Broyles Road The first half were funded though a grant received last year. The West Side recycling drop off is intended as our premier drop off and recycling education facility, integrating all aspects of the proximity too the Woolsey Wet Prairie into a comprehensive sustainability and recycling education site. b. Education. This $15,551 grant will be used to help develop an education program to reach all age groups and encompass all types of recycling. It will focus around the education component of the West Side Recycling Drop Off and Education Facility on Broyles Road, and will include education targeting apartment recycling. This program will be tailored to match Fayetteville's specific needs for recycling education rather than a broad education application. This is the first recycling education grant the City would receive. 12. Greenland Wastewater Agreement Extension draft is attached. The Greenland wastewater services contract expires January 5, 2011. Given the negotiations that have taken place, Greenland's desire to have Fayetteville take ownership of that system, and Fayetteville's statement that we are interested in taking ownership when the system is "whole," it seems prudent to consider extending the existing contract for a year rather than developing an entirely new contract. Sewer rehabilitation is underway and Greenland has developed sewer and development master plans. When these actions are completed, then the system will probably be in adequate condition for Fayetteville to take ownership. This is likely to be achievable in 2010. 13. Water/Sewer Committee Meeting is Tuesday, December 14, 2010, 5:30 p.m., room 326. Informational Items Taken to Council at the November 2. 2010 Meeting 14. Highway 265/Crossover Water/Sewer Relocation Easement Condemnation actions are underway. The Arkansas Highway and Transportation Department(AHTD) is planning improvements to Highway 265 (Crossover Road)from Mission Boulevard north to Joyce Boulevard. Due to AHTD's acquisition of additional right-of-way to widen the road, utility lines must be relocated outside of the expanded right-of-way. All proposed utility easements are adjacent to the new highway right-of-way and/or existing utility easements. City staff has been negotiating with land owners; easements have been acquired from 18 of 27 owners. The remaining owners have expressed various concerns and have refused thus far to sign easement documents. Although negotiations are still underway with several of the owners, the timing is such that we must proceed with the condemnation process in order to advertise the project. Owners of these remaining tracts are aware of the City's intent to turn any unresolved easement purchases over to the City Attorney to initiate the condemnation process. Negotiations will still continue until documents are filed. Details are attached. Perm Temp Temp Tract Easmnt Easmnt Permanent Const # Property Owner Parcel# (ft2) (ft') Easement Easement Total 2 Salmon Family Trust 765-04570-000 9,322 5,910 S 4,665.00 $ 1,185.00 $ 5,850.00 765-04569-000 6 John A.&Linda L.Dominick 765-04565-000 3,603 1,987 $ 1,800.00 $ 400.00 $ 2,200.00 7 765 ^V� 25909 0000 41q60 5-,41-3 $ 303-00 - S X93.00 8 Murphy R.&Betty N.Taylor 765-13305-000 6,980 3,365 $ 6,110.00 $ 1,180.00 $ 7,290.00 10 John David Brown 765-13295-000 22,883 9,603 $17,165.00 $ 2,880.00 $20,045.00 Part 1 Page 4 W&S ConunitteeAgmWNovl0.doc WATER/SEWER COMMITTEE AGENDA MEETING DATE OF NOVEMBR 9, 2010 4-2 765 a 4 5'^4 000 4,498 4,438 S 1,760.0 $ 565.99 $ ^�—�,3 44 Gerey A-main-dia Qs_h-erne 765 11515 000000 2—,-W3 n�2n c z�nwon $ 2,115.00 2 c�00 21 Daniel J.&Deborah Jo Wright 765-13276-000 13,102 8,185 $ 9,830.00 $ 2,455.00 $ 12,285.00 26 John R.&Rebecca Ann Rutledge 765-13249-070 1,092 1,156 $ 685.00 $ 290.00 $ 975.00 Totals 65,723 40,980 $45,740.00 $11,070.00 $56,810.00 Documents have been received for those easements that are stricken. 15. Cellular Tower Agreements with Verizon/Alltel (Township water tower)and Sprint/Nextel, (Mt. Sequoyah water tower) are due for update. Contracts and information are attached. a. Verizon (Township Road water tower)contract amendment with Verizon (formally MSA and Alltel), is attached. The lease, originally established in 1994, was extended in 2008 and will come up for renewal in 2013. The current lease amount is $500.00 per month. This amendment clarifies the existing Verizon cell agreement to add security contact information and describes Verizon's on-site assets. b. Sprint/Nextel, (Mt. Sequoyah water tower) amendment to the agreement with Southwest PCS, LP, ( Sprint/Nextel)to continue the lease for the cellular antenna on the Mt. Sequoyah water tower is attached. The original 10-year agreement was approved 18 January 2000 for$2,500/month. The land is owned by the Mt Sequoyah Methodist Assembly. Per agreement, the Assembly receives (50%)of cellular antenna rent received for the site. This Amendment involves permitting two 5-year terms, the first 5-year term at a monthly rental rate of$2,750. Rent will increase at the inception of each Renewal Term by ten percent(10%). The tower is structurally designed to be able to handle the loads created by this antenna. Therefore, it is in the City's best interests to allow this antenna to remain on the water tower. 16. Solid Waste Waiving 2011 Automatic Rate Adjustment for 2011 is recommended. Ordinance 4765 allows for annual adjustments of the residential trash rate equal to the consumer price index. This adjustment has been waived each year since January 1, 2008. Monthly residential rates, shown below, will remain unchanged. Residents receive trash, recycling, and yardwaste collection included with the monthly rate. 32 gallon cart - $ 8.75 64 gallon cart- $ 13.35 96 gallon cart- $ 18.96 Per the U.S. Department of Labor, the CPI adjustment for all urban consumers (CPI-U), U.S. city average reflects a 2.48% increase from August, 2009 to August, 2010. Continued cost cutting and improvements in the Solid Waste Division efficiency have allowed the Division to operate within the current rates, making this rate increase not required at this time. The Council packet is attached. 17. Solid Waste Commercial Container Parts Bid Waiver is attached. The Solid Waste Division has, in the last two years, undertaken repairing commercial steel containers in-house. A new 4 yard container costs $635; refitting the same container in-house costs $400. Additionally, we are eliminating the last 2 man rear load commercial trash route, and providing that service with a one man front load vehicle. This is the last step of a multi-year effort to convert all routes to one man pieces of equipment. The 2 yd dumpsters are being retrofitted in-house into commercial front load containers. We can convert a container in-house for approximately $180.00; anew container costs $475.00. Due to the volatility of steel prices and manufacturer's uncertainty of honoring bids, suppliers generally put 14—21 day time limits on quotes, as it is it impossible to guarantee the prices longer. If these materials must be purchased through the longer formal bid process, the City would pay higher prices to offset the suppliers' risk created by potential material price changes. Solid Waste containers are currently allowed a formal bid waiver through Ordinance 4952 approved November 21't, 2006. This ordinance only allows the bid waiver for the purchase of new containers; the proposed ordinance extends these same advantages from the containers to the parts required to rebuild the containers. All items shall still be competitively bid; this ordinance simply allows a faster quote-purchase time to reduce market impacts. Attachments: 2. Wastewater Treatment Contract Amendment with CH2M HILL OMI 3.a. Flow injection equipment bid 3.b. Online respirometer equipment bid 4. Solid Waste cost of services cost of service comparison (distribute at meeting) 5.a. Biosolids thermal drying contract Part 1 Page 5 W&S ConuniumAgenda9Novl0.dm WATER/SEWER COMMITTEE AGENDA MEETING DATE OF NOVEMBR 9, 2010 6. Canterbury Pressure Plane McClelland Amendment 7 WL-15 Change Order 1 8. WL-10a Change Order 4 9. WL-14 Change Order 1 10. Verizon (Gulley Road) Cellular Tower Agreement Amendment 11. Solid Waste ADEQ Grants Acceptance 12. Greenland Wastewater Agreement Extension 14. Highway 265/Crossover water/sewer relocation easement condemnation 15.a. Verizon (Township water tower) contract 15.b. Sprint/Nextel, (Mt. Sequoyah water tower) contract amendment 16. Proposed Solid Waste ordinance waiving 2011 automatic rate adjustment 17. Solid Waste commercial container parts bid waiver Part 1 Page 6 W&S CommittccAgendaWov10.doc • CITY COUNCIL AGENDA MEMO ay e evl le MEETING DATE OF NOVEMBER 16,2010 THE CITY OF FAYETTEVILLE,ARKANSAS ARKANSAS To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff From: David Jurgens,Utilities Director Fayetteville Water and Sewer Comlm ee Date: October 21,2010 Subject: Contract Amendment 1 with CH2M Hill Engineers, Inc. for$6,765,224 for operation,maintenance, management and engineering services for the City's wastewater treatment facilities and systems RECOMMENDATION Staff recommends approving Contract Amendment I with C112M Hill Engineers, Inc. for$6,765,224 for operation, maintenance, management and engineering services for the City's wastewater treatment facilities and systems, and approving a$70,000 contingency. BACKGROUND When the Noland WWTP upgrade was completed in 1987, the City contracted with ONE(now CH2M Hill-OMI)for WWT services. The scope of services provided by OMI include: (1) operate and maintain the Noland and West Side Wastewater Treatment Plants(W WTP); (2) operate and maintain 45 wastewater pump station sites; (3)administer the City's NPDES discharge, air, stormwater, and other permits; (4)manage the City's biosolids disposal program; (5) manage the City's industrial pretreatment program; (6) support the SCADA(supervisory control and data acquisition system)network that monitors water and wastewater facilities; (7)pursue operation economies, efficiencies, and permit compliance; and(8)participate in the construction and post-construction work of the Wastewater System Improvement Project(WSIP). In late 2009, the City underwent a rigorous selection process with three competitive proposals. The selection committee selected CH2M Hill for a five year contract, which expires December 31, 2014. DISCUSSION The 2011 contract amendment updates the scope of services from the 2010 contract,with evolutionary changes reflecting GASB requirements, the expanded wastewater system, updated regulatory requirements, and wastewater treatment related engineering services. To encourage cost saving operations, the contract contains an incentive provision whereby budget savings are distributed 87.5%to the City and 12.5%to CH2M HILL. The 2011 contract amendment reflects a$93,662 cost reduction from 2010,primarily due to reduced operations expenses. The contingency is requested to allow for potential expenses due to increased regulatory requirements with the new NPDES permits. Highlights of changes are below: 1) New USPEA NPDES discharge permits for both wastewater plants. 2) Biosolids drying process coming on line, reducing hauling and landfilling costs and possibly creating a new revenue stream. 3) Beaver Water District sludge land application process coming on line, increasing operating costs that are covered in full by the charges for the service. BUDGETIMPACT The $6,765,224 contract and$75,000 contingency costs are included in the proposed 2011 Budget. Part 1 Page 7 W WT OMI Amendl CCMemoNov10.dm AMENDMENT NO. 1 TO AGREEMENT For OPERATIONS,MAINTENANCE,AND MANAGEMENT SERVICES Between CITY OF FAYETTEVILLE,ARKANSAS And CH2M HILL ENGINEERS,INC. THIS AMENDMENT NO. 1 to the Agreement for Operations, Maintenance and Management Services between the City of Fayetteville, Arkansas, Wastewater Treatment Facilities and its pertinent systems dated December 15, 2009 (the "Agreement'), is made effective on the I" day of January, 2011, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter "City of Fayetteville")and CH2M HILL Engineers, Inc., (hereinafter"CH2M HILL") NOW THEREFORE,the City and CH2M HILL hereby amend the Agreement as follows: 1. Appendix B is deleted in its entirety and replaced with the attached Appendix B. 2. Appendix C is deleted in its entirety and replaced with the attached Appendix C. 3. Appendix D is deleted in its entirety and replaced with the attached Appendix D. 4. Appendix E is deleted in its entirety and replaced with the attached Appendix E. 5. Appendix F is deleted in its entirety and replaced with the attached Appendix F. 6. Appendix G is deleted in its entirety and replaced with the attached Appendix. G. 7. Appendix H is deleted in its entirety and replaced with the attached Appendix H. This Amendment No. 1, together with the Agreement, constitutes the entire agreement between the Parties and supersedes all prior oral and written understandings with respect to the subject matter set forth herein. Unless specifically stated all other terms and conditions of the Agreement shall remain in full force and effect. Neither this Amendment nor the Agreement may be modified except in writing signed by an authorized representative of the Parties. The Parties, intending to be legally bound, indicate their approval of the Amendment by their signatures below. Officer have made and executed this Agreement as of the day and year first above written. CH2M HILL ENGINEERS, INC. CITY OF FAYETTEVILLE,ARKANSAS By: � dud-,\ A -\ Av By: Name: Natalie L. Eldredg Name: Lioneld Jordan,Mayor Title: Senior Designated Manager Title: Mayor Date: Ittl 1(7 Date: ATTEST: By: Sondra Smith, City Clerk Part 1 Page 8 Appendix A LIST OF APPENDICES Appendix A—List of Appendices Appendix B—Definitions Appendix C—Scope of Services Appendix D—Compensation for Services Appendix E—Location of Project Appendix F—Environmental Permits and Project Characteristics Appendix G—Industrial Waste Discharges and Monitoring Program Appendix H—Vehicle and Mobile Equipment Description(Rolling Stock) Appendix I—Base Fee Adjustment Part 1 Page 9 Appendix B DEFINITIONS B.1 The "Project"means all equipment, vehicles, grounds and facilities described in Appendix E and where appropriate,the management, operations and maintenance of such. B.2 "Capital Expenditures"means any expenditures for(1)the purchase of new equipment or facility items that cost more than ten thousand dollars ($10,000); or(2) major repairs which significantly extend equipment or facility service life and cost more than ten thousand dollars($10,000); or(3) expenditures that are planned,non-routine and budgeted by City of Fayetteville. B.3 "Cost" means the total of all costs determined on an accrual basis in accordance with generally accepted accounting principles including but not limited to direct labor, insurance, labor overhead, chemicals, materials, supplies, utilities, equipment, maintenance, repair, and outside services. BA "Maintenance" means the cost of those routine and/or repetitive activities required or recommended by the equipment or facility manufacturer or CH2M HILL to maximize the service life of the equipment,vehicles,and facilities as listed in Appendix E. B.5 "Repairs" means the cost of those non-routine/non-repetitive activities required for operational continuity, safety, and performance generally due to failure or to avert a failure of the equipment, sewer, vehicle, or facility or some component thereof, cost less than ten thousand dollars ($10,000); and are not included in definition B.2 of this Appendix. "Repairs" exclude cost of repair parts caused by storm damage to the supervisory control and data acquisition (SCADA) system. B.6 "Out of scope" services will include "capital expenditures" (definition B.2 of this Appendix), added or modified regulatory requirements (that are not contained in the applicable permits), changes to improve efficiency and/or generate income, or other services not described in the contract and requested by the City of Fayetteville. These services shall be performed as stated in Appendix C. Should "Out of Scope Services" become a permanent and ongoing requirement, C142M HILL will submit a change of scope request within a reasonable amount of time in accordance with Paragraph 1.6 of the Agreement. B.7 "Biologically Toxic Substances" means any substance or combination of substances contained in the plant influent in sufficiently high concentrations so as to interfere with the biological processes necessary for the removal of the organic and chemical constituents of the wastewater required to meet the discharge requirements of City of Fayetteville's NPDES permit.Biologically toxic substances include but are not limited to heavy metals, phenols, cyanides, pesticides, and herbicides. B.8 "Adequate Nutrients"means plant influent nitrogen,phosphorus and iron contents proportional to BODS in the ratio of five (5) parts nitrogen, one (1) part phosphorus, and one half(0.5)part iron for each one hundred (100)parts BODS. B.9 "Base Fee" means all costs within the scope of the contract, on an annual basis, including direct costs, labor,utilities, and other allocated costs. B.10 "Fixed Asset"means any tangible property that has a value of five thousand dollars($5,000)or more and is depreciable. This excludes the repair/replacement parts that are components of a greater fixed asset. Appendix B - 1 of 2 Part 1 Page 10 B.11 "Electrical Evaluation"will be limited to amperage draws,winding resistance measurements, thermographic evaluations, and current and voltage imbalance. Appendix B -2 of 2 Part 1 Page 11 Appendix C SCOPE OF SERVICES C.1 SCOPE OF SERVICES—CH2M HILL C.1.1 Perform professional services in connection with the Project as hereinafter stated. C.1.2 Operate and maintain all facilities over a 24-hour per day, 7-day per week period, under full service contract operations and maintenance. Operations may be performed with on site staff and/or remote monitoring/on-call services for all or portions of this time. C.1.3 Within the design capacity and capability of the Project, manage, operate, and maintain the Project so that effluent discharged from the Project meets the requirements specified in Appendix F. C.1.4 Operate and maintain the present Industrial Pretreatment Program including all monitoring, inspections, sampling,testing, reporting, and record keeping as described in Appendix G. Results of all industrial sampling and testing shall be made available to City of Fayetteville as requested. C.1.5 Provide all Maintenance for the Project. Document as required to continue existing maintenance program and to provide City of Fayetteville requested reporting, including but not limited to updated preventative maintenance schedules. City of Fayetteville shall have full access to preventative maintenance records. C1.6 Pay all costs incurred within the scope of normal Project operations as defined in this Agreement. C.1.7 Staff the Project with a minimum of three(3)Arkansas Class IV Wastewater licensed operators. C.1.8 Prepare all NPDES permit reports, letters, or other correspondence, and submit these to City of Fayetteville for signature and approval. Transmittal to appropriate agencies shall be done by CH2M HILL. Any fines levied because of late reports as a result of CH2M HILL's failure to complete and allow sufficient time for City of Fayetteville's signature and transmittal shall be paid by CH2M HILL. Submittal to the City of Fayetteville by the 15t° of the month following the reporting period shall be considered timely. C.1.9 Provide for proper disposal of screening, scum, grit,and biosolids in compliance with permit and regulatory requirements, as long as a suitable location for such disposal is reasonably available. Should regulations and/or disposal/application options significantly change, projected costs will be revised by mutual agreement. C.1.10 Provide all manufacturers' warranties on new equipment purchased by the City of Fayetteville and assist the City of Fayetteville in enforcing existing equipment warranties and guarantees. C.1.11 Be responsible for all laboratory testing and sampling presently required by the NPDES permits, stormwater permits,"no discharge"permits,and other related requirements. C.1.12 Provide an inventory of vehicles and equipment (rolling stock) that are being used at the Project at the beginning of each contract year. C.1.13 Provide twenty four(24)hour per day access to Project for City of Fayetteville's personnel.Visits may be made at any time by any of City of Fayetteville's employees so designated by City of Appendix C - I of 4 Part 1 Page 12 Fayetteville's representative. Keys for Project shall be provided to City of Fayetteville by CH2M HILL. All visitors .to the Project shall comply with CH2M HILL's operating and safety procedures. C.1.14 Provide for the maintenance of existing City of Fayetteville rolling stock such as dump trucks, tractors,and trailers that are necessary for the operations and maintenance of the facilities. C.1.15 Provide training for personnel in areas of operation, maintenance, safety, supervisory skills, laboratory, and energy management. Continue the current project safety program with updates as necessary. C.1.16 Provide computerized maintenance, process control,and laboratory management systems. C.1.17 Comply with the requirements of City of Fayetteville regarding affirmative action provisions for minority hiring. C.1.18 Provide City of Fayetteville with a full accounting of all expenditures at intervals and in sufficient detail as may be determined by City of Fayetteville and assist City of Fayetteville in preparation of annual operating budgets. City of Fayetteville shall be allowed to conduct or have conducted audits of all accounting records related to the direct contract operations of this Agreement at times to be determined by City of Fayetteville. . C.1.19 Provide City of Fayetteville with full documentation that preventative maintenance is being performed on all City of Fayetteville equipment in accordance with manufacturer's recommendations at intervals and in sufficient detail as may be determined by City of Fayetteville. Maintenance program shall include documentation of corrective and preventive maintenance and a spare parts inventory. C.1.20 Provide for repairs as described in the Appendix B.S. C.1.21 Maintenance of the SCADA system as described in Appendix E, to include ongoing updates and upgrades of the software and hardware to ensure operational continuity and in accordance with initiatives as agreed upon by the City of Fayetteville and CH2M HILL. C.1.22 Maintain odor control at the wastewater treatment facilities and wastewater lift stations, including the Hamestring Lift Station force mains. C.1.23 Verify the capacity and efficiency of each sewer lift station once a year. C.1.24 Provide recommendations for Capital Improvements Program (CIP) with a schedule for improvements and expenditures as requested by the City of Fayetteville. A five (5)year schedule will be presented for all capital improvements and ten (10) year projections will be made for major improvements. These recommendations will be based on requirements determined from facility operations and does not include detailed engineering studies. In addition, CH2M HILL will prepare the required forms and documentation required during budget and capital improvements budget preparation time each year. Except for the improvements requiring an engineering study,the following will be included for each project: • Improvement needed • Justification of improvements • Cost of improvements • Any projected increase or decrease in O&M costs created by the CIP Appendix C - 2 of 4 Part 1 Page 13 • Proposed expenditure schedule • Proposed capital recovery schedule • Impact of early termination C.1.25 Perform other services that are related to but not part of the Scope of Services upon written notification by City of Fayetteville. Such services will be invoiced to City of Fayetteville at CH2M HILL's cost plus eighteen percent(18%). C.1.26 At the direction of the City of Fayetteville, CH2M HILL is authorized to act in emergency situations outside this Scope of Services, at CH2M HILL's discretion. The costs related to emergency services are not included in the compensation set forth in this Agreement. CH2M HILL will notify City of Fayetteville as soon as reasonably possible, and shall be compensated by City of Fayetteville for any such emergency work at CH2M HILL's costs for the emergency work plus twenty-five percent(25%). C.1.27 Provide City of Fayetteville with oral and written reports as requested. C.1.28 Operate and maintain all existing wastewater lift station facilities including buildings, grounds, backup power generators, and certain other appurtenances within the site fenced area. However, maintenance of inlet and outlet pipeworks shall terminate at the wall of lift station. Should the City of Fayetteville add in excess of three (3) additional lift stations, from the prior contract year's number of sites,a corresponding change of scope will be negotiated. C.1.29 Conduct annual electrical evaluations of electrical units of 25 horsepower or more which operate at supply voltages of 480V or less to ground. C.1.30 CH2M HILL will comply with present federal, state, and local laws in performing their obligations under the terms of this Agreement. CH2M HILL and City of Fayetteville will work cooperatively regarding the application and impact of potential changes in law, including the potential cost impact on the scope of work, and mutually revise this Agreement as applicable. C.1.31 Coordinate and schedule the use of training rooms at both wastewater treatment facilities. C.1.32 Conduct community outreach and education activities including cooperative efforts with the University of Arkansas as appropriate. C.1.33 Maintain compliance with other existing environmental permits (e.g., air permits, industrial general stormwater permits,"no discharge"permits) C.1.34 Maintain the industrial surcharge program and provide for monitoring and control of septage deliveries, as provided for in the City of Fayetteville's Code of Ordinances, Discharge and Pretreatment Regulations. C.1.35 The parties contemplate that minor design/engineering services may be provided by CH2M HILL from time to time. The scope and compensation for such services shall be mutually negotiated by the parties prior to the commencement of work. C.1.36 Operate and maintain the ongoing nutrient removal efforts at the City of Fayetteville's biosolids management site, including managing harvesting and marketing the hay produced on the site. Biosolids management site maintenance shall also include compliance with the current "no discharge"permit. Appendix C - 3 of 4 Part 1 Page 14 C.1.37 Operate and maintain existing onsite power generators at all existing sites, including maintaining compliance with off-peak power rate structure monitoring and generation requirements. C.1.38 Operate and maintain the biosolids drying operation, which will include 6 solar houses and a thermal biosolids dryer, after the construction of such installations is completed in 2011. C.1.39 Coordinate the marketing and/or disposal of the dried biosolids produced from the drying operations as appropriate. C.1.40 Coordinate the application of alum sludge from Beaver Water District and invoicing for the services as appropriate. C.2 SCOPE OF SERVICES—CITY OF FAYETTEVILLE C.2.1 Provide for all Capital Expenditures except for the Projects that City of Fayetteville may authorize CH2M HILL to implement subject to mutually agreeable terns and conditions of repayment. C.2.2 Maintain all existing and necessary Project warranties, guarantees, easements, permits, and licenses that have been granted to City of Fayetteville with the proviso that CH2M HILL remains primarily responsible to ensure that the wastewater plants are efficiently, properly and professionally operated so that they will not suffer a loss of permits or licenses. C.2.3 Pay all property or other taxes or franchise fees associated with the Project. This excludes taxes to be borne by CH2M HILL for equipment owned by CH2M HILL. C.2.4 May provide CH2M HILL within a reasonable time after request any piece of City of Fayetteville's heavy equipment, subject to availability, so that CH2M HILL may fulfill its obligations under this Agreement in the most cost-effective manner. C.2.5 Provide all licenses for vehicles used in connection with the Project. C.2.6 Provide for CH2M HILL's use all vehicles and equipment presently in use at the Project, including the vehicles described in Appendix H. C.2.7 Pay for all wastewater lift station utilities,with the exception of electricity. C.2.8 Pay for all gasoline, diesel, and propane for backup power generators and all rolling stock provided by City of Fayetteville,except for the biosolids semi-tractors. C.2.9 Pay for all regulatory fees. Appendix C - 4 of 4 Part 1 Page 15 Appendix D COMPENSATION FOR SERVICES 4.1 CH2M HILL estimates that Base Fee for services, on an annual basis, under this Agreement for 2010 shall be $6,765,224. Details of said cost are shown in D.4 below. The Base Fee shall be negotiated each year. Should City of Fayetteville and CH2M HILL fail to agree,the Base Fee will be determined by the application of the Base Fee adjustment formula shown in Appendix I. Upon each contract year renegotiation,CH2M HILL shall continue to invoice City of Fayetteville at the previous amount until the new contract year price is agreed upon. Upon written notice, agreement between the parties as to the new contract year Base Fee, CH2M HILL shall issue an invoice retroactively adjusting the previous Base Fee amount. Should the actual expenditures exceed the total estimated annual expenditures by more than Twenty Thousand Dollars($20,000), in any year of this Agreement, specific approval will be obtained from the City of Fayetteville prior to CH2M HILL incurring additional costs. 4.2 An administrative fee of fifteen percent(15%)will be added to personnel services and ten percent (10%) to all other direct costs excluding electricity. An annual fixed management fee of $118,029 shall be billed in equal monthly installments and adjusted annually in relation to the Base Fee. 4.3 In order to provide an incentive for CH2M HILL to operate in a manner that will result in actual costs below estimated cost, City of Fayetteville will pay CH2M HILL an additional fee when actual costs are below estimated cost. Said fee will be twelve and one half percent(12.5%)of the amount of actual cost are below estimated cost. 4.4 Cost Detail-The annualized estimated costs for calendar year 2010 are listed in Table D-1. Appendix D - Page 1 of 2 Part 1 Page-16 Table D-1,Cost Detail Wastewater West Side Division Noland WWTP WWTP O&M Lab&Industrial Administration& O&M(incl. land (incl.wetlands Pretreatment Lift Station Category Description SCADA application site) mitigation site) Program Maintenance Totals Direct Labor $ 432,297 $ 995,779 $ 602,448 $ 292,567 $ 115,050 $ 2,438,141 Labor Markup, 15% $ 64,845 $ 149,367 $ 90,367 $ 43,885 $ 17,258 $ 365,721 Direct Expense $ 332,416 $ 1,394,649 $ 584,539 $ 112,072 $ 265,181 $ 2,688,856 Expense Markup, 10% $ 33,242 $ 139,465 $ 58,454 $ 11,207 $ 26,518 $ 268,886 Electricity $ 360,598 1 $ 304,998 1 $ 219,996 $ 885,592 Fixed Fee $ 118,029 1 $ 118,029 Totals $ 980,828 $ 3,039,857 1 $ 1,640,805 $ 459,731 $ 644,003 $ 6,765,224 Appendix D-Page 2 of 2 Part 1 Page 17 AI1Dendix E LOCATION OF PROJECT E.1 CH2M HILL agrees to provide the services necessary for the management, operation and maintenance of the following: E.1.1 All equipment, vehicles, grounds and facilities now existing within the present property boundaries of or being used to operate the City of Fayetteville's Noland Wastewater Treatment Plant located at: 1400 North Fox Hunter Road Fayetteville,Arkansas 72701 E.1.2 All equipment, vehicles, grounds and facilities now existing within the present property boundaries of or being used to operate the City of Fayetteville's West Side Wastewater Treatment Plant located at: 15 South Broyles Avenue Fayetteville,Arkansas 72704 E.1.3 All equipment, grounds, and facilities now existing within the present property boundaries of wastewater lift stations described as follows: Site SCADA Maintenance NODE LOCATION Generator Only WWI 978 E Zion Rd(Lowe's_Zion PS) YES WW2 3500 E Mission Blvd(Timbercrest PS) YES WW3 2805 N Salem Rd(Crystal Springs PS-ABANDONED YES W W4 691 W Poplar St(Poplar PS -ABANDONED YES W W5 3896 N GreggAve(GreggAve PS YES WW6 3021 N Old Wire Rd(Old Wire PS) WW7 2065 N Sunshine Rd Hamestrin PS) YES W W8 729 W North Street(North Street PS—ABANDONED) YES W W9 1336 N Porter Rd Porter Rd PS W W 10 716 N Futrall Dr(Futrall Dr PS) YES WWI 1 4412 W 6th Street(Farmington East PS—ABANDONED YES W W 12 571 N Double Springs Road(Farmington West PS YES W W 13 878 S Dead Horse Mountain Rd(Stonebridge PS) YES W W 14 1820 S Armstrong Ave (Industrial Park PS) YES W W 16 516 W Ernest Lancaster Dr Ai ort North PS YES WW18 202 N Sand Greenland PS W W 19 5716 E Norman Murphy Rd(Mally Wagnon PS) YES 3212 N Highway 112—(Trucker's Drive PS - WW20 ABANDONED) YES Appendix E - Page 1 of 4 Part 1 Page 18 Site SCADA Maintenance NODE LOCATION Generator Only W W22 630 N Double Springs Rd(Owl Creek PS) YES W W23 440 E Fairway Ln(Masters PS) W W24 265 W Ernest Lancaster Dr(Airport East PS) YES WW25 551 W Aster Ave(Willow West PS-Farmington) YES WW26 74 S Kestrel Se uo ah Preserve PS W W27 1031 River Meadows Dr(Stonebridge Meadow Phase I PS YES WW28 1603 Plantation Ave(Heritage Village PS YES W W29 390 N Cato Springs Rd(Bohannan PS -Greenland) W W32 478 N Durango Place Silverthome PS) YES WW33 4644 N Crossover Rd(Stonewood PS-Copper Creek) YES WW34 4572 S School Ave(Airport South PS YES WW35 3083 W 6th St Lowe's-6th St PS YES WW36 1642 N Willowbrook Dr Sk ler Place PS YES W W37 3848 W Edgewater Dr(Clabber Creek PS -ABANDONED) YES WW38 3710 E Zion Rd(Copper Creek Phase Il PS) YES W W39 2392 N Kenswick Ave Crofton Manner PS) YES WW40 1811 S Cherry Hills Dr Stone Bride Meadow Phase II PS YES WW41 1608 S S rin lake Dr Crescent Lake PS YES 2588 N Firefly Catch Dr(Clabber Creek Phase 3 PS— WW42 ABANDONED) YES WW43 196 S Woods rin s Timber Trails PS) WW44 10 Dot Tipton Rd(Legacy Pointe Phase 4 PS WW45 4451 N Waterside Ct(Timberlake Office Park PS) YES WW46 3788 E Spyglass Hill Dr(Stonebridge Meadows Phase V PS) YES WW47 3601 E Albright Rd(Embry Acres PS) YES WW48 2435 S Dead Horse Mountain Rd McDonald PS) W W49 3393 E Goff Farm Road Meadows PS WW 50 485 N Broyles Ave(Broyles Ave PS) YES E.1.4 All equipment, grounds, and facilities now existing within the present property boundaries of or being used to operate the City of Fayetteville's Biosolids Management Site located east of the Noland Wastewater Treatment Plant across the White River. Appendix E -Page 2 of 4 Part 1 Page 19 E.1.5 All equipment, grounds, and facilities associated with or being used to complete routine O&M activities for the City of Fayetteville's Mitigated Wetlands Site now existing within the present property boundaries located north of the West Side Wastewater Treatment Plant. The service includes limited herbicide application and site monitoring but excludes burning. E.1.6 The potable water SCADA system at the following locations: SCADA NODE LOCATION DESCRIPTION Wl 215 W 24th St South Mountain Pump Station W2 844 N Crossover Rd(Hyland Park) Pump Station W4 1016 E Ash St Pump Station W5 707 E Rogers Dr Pump Station W6 456 E Baxter Ln Ground Storage Tank 2 each W7 707 E Rogers Dr Ground Storage Tank 2 each) W8 133 N Sang Ave Elevated Storage Tank W9 1170 E South Skyline Dr Elevated Storage Tank(Mt. Se uo ah W10 1044 E Township Rd Elevated Storage Tank W l l 3280 W Judge Cummins Rd Ground Storage Tank(2 ea)(Kessler Mountain W12 7001 E Mission(Highway 45 Valve Pressure-Reducing Valve Station W13 1589 Fire Tower Road Goshen Pump Station and Ground Storage Tank W14 17301 Lake Se uo ah Rd Round Mtn) Pump Station W 15 14360 Round Mt Comm Church Rd Stand Pipe County Rd#55 (Round Mountain) W16 22032 Fire Tower Rd County Rd 4343 Stand Pie Benson Mountain W17 3265 N Gulley Rd Elevated Storage Tank W 18 3788 N Gulley Rd Pump Station W19 3370 S Coach Rd Pump Station W20 2098 Woodcliff Rd(Springdale) Sure Tank W21 2210 N Old Wire Rd Valve W22 2800 N Old Missouri Rd Flow Meter W23 3385 N Par Ct Valve W24 3023 E Joyce Blvd Valve W25 2567 E Robinson(Springdale) Valve W26 Township Tank Weather Station Weather Station W27 17385 Blue Springs Rd(Goshen) Pump Station W28 17970 Lake Se uo ah Rd Pump Station W29 Beaver Water District SCADA Interface WSOPC 2435 S Industrial Dr Water& Sewer Ops Center MTROB 12141 Ed Edwards Rd Mt.Robinson Tower Site E.1.7 Installation of the necessary Remote Terminal Units (RTUs) and equipment to acquire flow information from the collection system via SCADA. Flow monitoring devices (up to 17 remote locations)are scheduled to be installed by the City's Water and Sewer Division in 2011. Appendix E - Page 3 of 4 Part 1 Page 20 E.1.8 Responsible for the maintenance of Mt. Robinson Tower Site, excluding the road; which includes mowing and maintenance of the backup power generator, building, ground, and collision lamps. Perform annual inspection of guy wire and visual inspection of the tower. Appendix E - Page 4 of 4 Part 1 Page 21 Anaendix F ENVIRONMENTAL PERMITS AND PROJECT CHARACTERISTICS F.1 CH2M HILL will operate Project so that effluent will meet the requirement of NPDES permit No. AR0020010 and AR0050288. CH2M HILL shall be responsible for meeting the effluent quality requirements of City of Fayetteville's NPDES permit unless one or more of the following occurs: • The Project influent does not contain Adequate Nutrients to support operation of Project biological processes; • Contains Biologically Toxic Substances which cannot be removed by the existing process and facilities; The flow, influent BODS, and/or suspended solids exceeds the Project design parameters which are: Noland WWTP West Side WWTP Maximum Maximum Annual Monthly Annual Monthly Average Average Average Average Flow(MGD) 11.2 16.9 10.0 17.8 BOD(lbs/d) 26,370 27,9 14,595 18,853 TSS lbs/d) 20,620 22, 60 210 14,595 18,853 F.2 In the event any one of the Project influent characteristics, suspended solids, BODS, or flow, exceeds the parameters listed above, CH2M HILL shall return the plant effluent to the characteristics required by the NPDES permit in accordance with the following schedule after Project influent characteristics return to within design parameters. Characteristics Exceeding Listed Recovery Period Parameters By Maximum 10%or Less 5 days > 10%but<20% 10 days 20%and Above 30 days Not withstanding the above schedule if the failure to meet effluent quality limitations is caused by the presence of Biologically Toxic Substances or the lack of Adequate Nutrients in the influent, then CH2M HILL will have a thirty (30) day recovery period after the influent is free from said substances or contains Adequate Nutrients. F.3 CH2M HILL shall not be responsible for fines or legal action as a result of discharge violations within the period that influent exceeds design parameters, does not contain Adequate Nutrients, contains Biologically Toxic Substances (that exceed process inhibiting levels or creates concentrations exceeding application or discharge limitations), and the subsequent recovery period. Appendix F - 1 of 2 Part 1 Page 22 F.5 The estimate Costs for services under this Agreement are based upon the following Project characteristics: Annual Noland West Side Average WWTP WWTP Flow MGD 6.5 6.3 BOD(lbs/d) 13,739 9,313 TSS lbs/d) 12,101 11,795 The above characteristics are the actual twelve (12) months average prior to the date services are first provided under this Agreement. Any change of 10 percent (10%) or more in any of these characteristics, based upon a twelve (12) month moving average, may constitute a change in scope. F.6 The current applicable environmental permits are as follows: Permit AFIN No. Permit No. Expiration Date NPDES -Noland 72-00102 AR0020010 05/31/11 NPDES-West Side 72-01033 AR0050288 11/30/10 No Discharge Permit-Noland 72-00829 4748-W 12/31/13 No Discharge Permit-West Side 72-01033 5028-W 06/30/14 Air-Hamestrin 72-01873 2179-A N/A Air-West Side 72-01033 2178-A N/A Stormwater No Exposure Certification Tracking No. (NEC)-Noland 72-00102 ARROOC377 06/30/14 Stormwater No Exposure Certification Tracking No. (NEC)-West Side 72-01033 ARR000390 06/30/14 Appendix F - 2 of 2 Part 1 Page 23 Annendix G INDUSTRIAL WASTE DISCHARGES AND MONITORING PROGRAM G.1 CH2M HILL shall: Administer the Industrial Pretreatment Program in accordance with 40 CFR 403. Administration shall include: G.1.1 Maintain the industrial waste sampling and analysis program for pretreatment and surcharge, as described in G.3. G.1.2 Monitor the compliance status of the current Significant Industrial Users (SIU's)through sampling, analysis, inspection, and record reviews. Issue notices of violation when appropriate,and recommend appropriate enforcement action to City of Fayetteville. G.1.3 Receive,review and act upon reports and notification from industrial users. G.1.4 Prepare notice of violations and other enforcement documentation in accordance with the Enforcement Response Plan in the State approved Industrial Pretreatment Program. G.1.5 Track, determine,and publish industrial users in significant noncompliance. G.1.6 Issue, revise, and renew industrial waste discharge permits for the SIU's. G.1.7 Conduct an Industrial Waste Survey periodically to identify new,or significant, industrial users in Fayetteville and in cities with which Fayetteville has interjurisdictional agreements for waste treatment. G.1.8 Assist City of Fayetteville with review and revision of local limits, the sewer use ordinances,the pretreatment program,and interjurisdictional agreements. G.1.9 Prepare and submit the Industrial Pretreatment annual report. G.1.10 Maintain all industrial monitoring records for at least three(3)years. G.1.11 Maintain open communication with the SIU's. G.1.12 Keep City of Fayetteville informed of pretreatment activities and changes in regulatory requirements. G.2 Significant costs due to new or changed Federal, State or local regulations shall cause a change of contract scope. G.3 Industrial Waste Dischargers and Monitoring Program in City of Fayetteville,AR: Industry Parameters Analyzed Ayrshire Electronics,LLC 1101 S.Beechwood Copper, lead,zinc Fayetteville,AR 72701 Custom Powder Coating Services, Inc. Cadmium, chromium, copper, lead,nickel, 1629 W. Farmington St. Fayetteville,AR 72701 silver, zinc, cyanide Elkhart Products Corporation Chromium, copper, lead,nickel, zinc, oil& 3265 Highway 71 South Fayetteville,AR 72701 grease Appendix G - 1 of 2 Part 1 Page 24 Industry Parameters Analyzed Hiland Dairy Company 301 E. 15`h Street Biochemical oxygen demand,total suspended Fayetteville,AR 72701 solids, phosphorus,pH, oil&grease Marshalltown Tools Cadmium, chromium, copper, lead,nickel, 2200 Industrial Drive Fayetteville,AR 72701 silver,zinc,cyanide Pinnacle Foods Corporation Biochemical oxygen demand,total suspended 1100 W, 15 Street solids,phosphorus,pH,oil&grease Fayetteville,AR 72701 Superior Industries International Arkansas,LLC Cadmium,chromium, copper, lead,nickel, 1901 Borick Drive silver,zinc, cyanide Fayetteville,AR 72701 Tyson Foods,Inc. Biochemical oxygen demand,total suspended 2615 S. School solids,phosphorus,pH, oil&grease Fayetteville,AR 72701 Appendix G -2 of 2 Part 1 Page 25 Appendix H VEHICLE AND MOBILE EQUIPMENT DESCRIPTION(ROLLING STOCK) Unit# Unit Description Location Year 320 Ford F350 Super Du /Crane,Crew Cab West Side 1999 324 Ford F350 Super Du /Crane,Reg.Cab Paul R Noland 1999 325 Ford F350 Super Duty,Reg.Cab Paul R Noland 2000 Biosolids 339 Ford F-350, Flatbed Management Site 2002 Biosolids 340 Ford F-350 Management Site 2002 Biosolids 551 Ford 3930 Tractor Brushhog Management Site 1995 Biosolids 564 Ford/New Holland 8160 Load Tractor Management Site 1999 Biosolids 570 New Holland 8670 Tractor Mana ement Site 2000 Biosolids 581 New Holland TS100A Front End Loader Management Site 2004 Biosolids 582 New Holland 1412 Discbine Mower Conditioner Management Site 2004 Biosolids 583 New Holland 740 Round Baler Management Site 2001 Biosolids 588 New Holland B940A Large Square Baler Management Site 2005 Biosolids 589 New Holland 1412 Discbine Mower Conditioner Management Site 2005 644 New Holland 575E Backhoe/Loader Maintenance 2000 727 Dump Truck Paul R Noland 1995 Biosolids 741 Mack Tractor Management Site 1996 751 Sterling LT9500 Truck West Side 2006 753 Kenworth Semi Tractor Paul R Noland 1999 754 Kenworth T800 Semi Tractor West Side 1999 755 Kenworth T800 Semi Tractor Paul R Noland 2000 Biosolids 806 Case 1150G Bulldozer Management Site 1995 818 Caterpillar P5000LP Forklift West Side 2008 Biosolids 927 Parker 24'Gooseneck Trailer Management Site 1991 Biosolids 959 Bush Hog 2620 Cutter Management Site 1995 966 P.J.Trailer, 18FT Biosolids 1996 Appendix H - 1 of 3 Part 1 Page 26 VEHICLE AND MOBILE EQUIPMENT DESCRIPTION(ROLLING STOCK) Uni�# Unit scription Location Year Management Site Biosolids 969 LO-Bo 25T-36FT Trailer Mana ement Site 1996 Biosolids 988 Hesston Wheel Rake Mana ement Site 1998 Biosolids 989 M&W Wheel Rake Mana ement Site 1998 992 ATV-Polaris S ortsman 4X4 Paul R Noland 1998 Biosolids 1052 Ford Explorer Mana ement Site 1999 1092 Ford Explorer XLT Paul R Noland 2002 2004 Ford 4X4 Ranger XLT West Side 1997 2007 Ford 4X4 Ranger XLT Ops Bld 1997 2103 Ford 4X4 F150 Extended Cab West Side 2006 3820 2006 Kawasaki Mule 4x4 West Side 2006 4318 2006 Kawasaki Mule 4x4 West Side 2006 Biosolids 5000 New Holland 1412 Discbine Mana ement Site 2006 Biosolids 5001 John Deere 6615 Tractor Management Site 2007 Biosolids 5002 John Deere 6615 Tractor Management Site 2007 Biosolids 5003 New Holland 740 Round Baler Management Site 2007 Biosolids 5012 Unit 5012 NHT6030 Mana ement Site 2009 9021 Volvo Penta 400 KW-Trailer Mounted Generator Lift Station 12N 2001 Biosolids 9024 Hesston GEHL WR-522 Wheel Rake Management Site 2001 9025 Volvo Penta 400 KW-Trailer Mounted Generator Lift Station22 2001 9031 Work Horse Paul R Noland 2001 9034 Yale 5000#Fork Lift Paul R Noland 2002 9037 Work Horse Paul R Noland 2002 9083 Lufkin ULD-38 Trailer West Side 1999 9088 Lufkin ULD-38 Trailer West Side 2006 9104 Lufkin ULD-38 Trailer West Side 2004 9105 Lufkin ULD-38 Trailer Paul R Noland 2004 9106 Lufkin ULD-38 Trailer Paul R Noland 2004 9111 Clement Star-Lite Trailer Paul R Noland 2009 9124 Thompson 6"Diesel Power Pum /Trailer Paul R Noland 2009 Appendix H - 2 of 3 Part 1 Page 27 Appendix I BASE FEE ADJUSTMENT I.1 Electrical costs will be adjusted by actual increases from power supplier. I.2 The Base Fee adjustment formula is as follows: ABF=BF x(1 +AF) Where: BF = Base Fee specified in Appendix D ABF Adjusted Base Fee AF Adjustment Factor as determined by the formula: AF = .5 (ECI+CPI) ECI = The twelve month percent change (from the third quarter of the prior year to the third quarter in the current year) in the Employment Cost Index for Total Compensation for Civilian Workers, Not Seasonally Adjusted as published by U. S. Department of Labor, Bureau of Labor Statistics in the Detailed Report Series ID: CIUI O10000000000A. CPI = The twelve month percent change (from October of the prior year to October of the current year) in the Consumer Price Index for All Urban Consumers,Not Seasonally Adjusted as published by U.S. Department of Labor, Bureau of Labor Statistics in the CPI Detailed Report Series Id: CUUROOOSA0. Appendix H - 3 of 3 Part 1 Page 28 CITY COUNCIL AGENDA MEMO Tayetrel 1e MEETING DATE OF NOVEMBER 16,2010 THE CITY OF FAYETTEVILLE,ARKANSAS ARKANSAS To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff From: David Jurgens, Utilities Director Q� Fayetteville Water and Sewer Comm t e Date: October 22, 2010 Subject: Approval of the purchase of a Flow Injection Analysis instrument, from HACH Company for $49,364.56 plus tax, Bid 10-65 RECOMMENDATION Staff recommends approval of bid#10-65 for the purchase of a Flow Injection Analysis instrument, which includes PC hardware and software, setup, and training from HACH Company for$49,364.56 plus tax. The estimated price with tax is $53,930.78. BACKGROUND The Flow Injection Analysis instrument with an in-line heating and sequential digestion unit is capable of performing analyses for total phosphorus, nitrogen as nitrate, and other cation and anion parameters. Based on preliminary input from the Arkansas Department of Environmental Quality, it is anticipated that the next NPDES permit for the West Side will contain requirements for Nitrate-Nitrite and may also contain the requirement of 0.1mg/I Total Phosphorus. This instrument will provide the wastewater treatment laboratory with the capability of analyzing for low level phosphorus and nitrate-nitrite in samples taken from within both the Noland and West Side Wastewater Treatment Facilities. DISCUSSION The City received one bid on October 20, 2010 from HACH Company for $49,364.56. The said bid meets the minimum specification requirements. Although there was only one bidder, the price is within the expected range. BUDGETIMPACT Funds for the Flow Injection Analysis instrument are available in the Wastewater Treatment Plant CIP—Plant Pumps and Equipment project. Telecommunications Device for the Deaf TDD(479)521-1316 Part 1 Page 29 113 West Mountain-Fayetteville,AR 72701 BID: 10-65 DATE:Y 10/20110 C\1J TIME: 2:000PMPM ARKANSAS CITY OF FAYETTEVILLE Bid 10-65, Flow Injection Equipment BIDDER �TE 1 Hach Company Hach Co - Lachat Inst QuikChem 8500 Series 2 $49,364.56 *NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City officials. CERTIFIED: �o p P. VICE, PURCH MGR WITNESS DTE Part 1 Page 30