HomeMy WebLinkAbout2009-11-24 - Agendas WATER/SEWER COMMITTEE AGENDA
17a7ye*"rdv1*1 le MEETING DATE OF NOVEMBER 24, 2009
THE CITY OF FAYETTEVILLE,ARKANSAS
S
Committee: Chairman Kyle Cook; Aldermen: Adella Gray, Robert Rhoads, Sarah Lewis
Copy to: Mayor Jordan, Sondra Smith, Don Ma , Pa I Becker, Lindsley Smith, Jeremy Pate, Chris
Brown, Tom Hubbard, Lynn Hyke, Sh n Jones, Peggy Bell, OMI, Will Winn
From: David Jurgens, P. E., Utilities Director
A Fayetteville Water and Sewer Committee meeting will November 24, 2009, 5:30 PM (following agenda
session), room 326, Fayetteville City Hall. Proposed topic i clude:
1. Wastewater Treatment Contract with CH2M HILL Engin ers, Inc. for$6,858,886 for wastewater treatment
facilities operation, maintenance, management is attached. Services includes: (1)operate and maintain the
WWTPs; (2) operate and maintain 45 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 WSIP work. The City received
statements of qualification from American Water, CH2M HILL and Severn Trent. This contract includes a very
similar scope of services as the existing contract, with evolutionary changes reflecting GASB requirements, the
expanded wastewater system, updated regulatory requirements, and increased purchasing flexibility. To
encourage cost saving operations, the current contract contains an incentive provision whereby budget savings
are distributed 87.5% to the City and 12.5% to CH2M HILL. This new contract reflects a $903,304 cost
reduction from 2009, due to reduced capital and reduced operations expenses. Highlights of changes are: (1)
More detailed routine fiscal reporting. (2) Optimized purchasing power for the City to benefit from CH2M HILL's
bulk purchasing capability(3) Increased oversight of the preventive maintenance schedule and processes, to
include real time access to WWTP internal operations and maintenance software. Staff requests this item be
forwarded for consideration by the full City Council.
2. Ca ital Pro ect Update.
Contract Description Contractor Cost %Complete
WL-9 Tieover-Non Critical Items Goodwin&Goodwin $ 1,546,400 98.8%
WL-10a Farmington Gravity Line In Town Portion Gamey Const $ 1,664,231 62.8%
EL-3&5 Razorback- Happy Hollow 36/42" Gravity S J Louis Const $ 5,253,795 82.7%
EP-3 Noland WWTP Aeration, Clarifier Work Crossland Heavy $ 2,439,646 100%
CIPP Rehab-Cured in Place Pipe City Wide Insituform $ 630,000 50.0%
Mt Se uo ah Area Wtr/Swr Upgrades LaRue Contr $ 997,629 75.0°/a
36"W/L 36"Water Line on TownshipSeven Valles $ 1,789,960 15.0%
WL-15 Broyles Avenue Lift Station Seven Valle $ 583,897 Bid 24 Nov
BIO-1 Biosolids Solar Drying In Design
13I0-2 Biosolids Thermal Drying In Desi n
Project is substantially complete, meaning the work can be used to execute its mission.
a. EL-3 Gas Company Relocation Agreement for$16,498.65 is attached. This is required for the
relocation of a gas main in two locations east of Boone Street and Price Avenue for where the gas lines conflict
with sewer main EL-3.
b. Biosolids design is underway. Research has identified several new configurations that may allow
using the biosolids (and other sources) as supplemental fuel sources for the thermal heater units. We are now
planning on using propane as the primary fuel for thermal driers due to the $500,000 cost of running Arkansas
Western Gas mains to the site.
c. ECO Contract Amendment Number 4 to the Engineering contract with Environmental Consulting
Operations, Inc., for$175,200, is attached, for WSIP and wetlands mitigation site stormwater, wetlands, and
environmental issues as required by the Corps of Engineers and ADEQ. ECO, Inc. developed the wetlands
and storm water protection best management plans and conducted excellent construction inspection for the
W&S CommitteeAgenda 24Nov09.doc
WATER/SEWER COMMITTEE AGENDA
MEETING DATE OF NOVEMBER 24, 2009
WSIP, and is tasked to ensure full compliance with the related regulations and permits. Under their
supervision, contractors working for the City have completed over$135 million in work without a single permit
violation. ECO also designed the wetlands mitigation site that was required by the Corps of Engineers,which
has a mandated seven year monitoring and reporting period. This amendment covers: (1) Extra work
performed due to the weather. The excessive rain this year caused significant additional work relating to
stream crossings and wetlands area activities of the ECO contract. Instead of performing monthly compliance
inspections as has been the norm, bi-weekly inspections and additional post-storm assistance has been
required. (2) Extra work caused by contractor errors (SJ Louis on EL-3). $27,230 will be withheld from SJ
Louis payments, and will result in no net additional cost to the City. (3) Work required for sewer lines and lift
stations in the Owl Creek sewer basin (WSIP WL-13, 14, and 15)which are being executed to address the
growth and potential growth within that basin. (4) Wetlands monitoring and Corps of Engineers compliance for
2010. The intent from the beginning of the WSIP process was to execute the wetlands monitoring change
order annually, as the work load will change with time. The Corps of Engineers permit requires a seven year
monitoring period. Funding for these succeeding years will come from the Wastewater Treatment program.
Funds are available within the appropriate budgets. This change order is for$175,200. $64,800 is covered by
wastewater treatment funding, $27,230 is offset by deductions from contractor payments, and $83,170 is for
WSIP construction work. Staff requests this item be forwarded for consideration by the full City Council.
d. WSIP WL-15 Broyles Road Lift Station Contract with Seven Valleys Concrete for$583,897 is
attached. Broyles Avenue sewer lift station, WSIP Subproject WL-15, Bid 09-65, with a 5% contingency of
$30,000.00. The Contract provides for the construction of the lift station at the southwest corner of Broyles
Avenue and Persimmon Street which receives flows from areas east of Broyles Road and west of 1-540. It
pumps directly to the West Side WWTP. The wastewater in this area currently flows through both the Owl
Creek lift station on Double Springs Road and the Hamestring lift station on Sunshine Road. This new lift
station reduces the volume carried by the other two stations, extending their service life and reducing electrical
costs. The City received 5 bids on November 19th for this project. Staff requests this item be forwarded for
consideration by the full City Council.
Seven Valley's Concrete, LLC $ 583,897.00 low bid
L.E. Davis Construction, Inc. $ 622,500.00
Crossland Heavy Contractors, Inc. $ 628,815.00
Goodwin and Goodwin, Inc. $ 683,600.00
Fochtman Enterprises, Inc. $ 1,089,089.00
Engineer's Estimate $ 650,000.00
d. WSIP Construction Schedule & Cost Update will be distributed at meeting.
3. Solid Waste Recycling Plan and Status Update memorandum will be distributed at the meeting. It will
cover the status of the small commercial recycling implementation and the 2010 capital plan.
4. Highway 265 and Township Water/Sewer Relocations and 36"Water Line
a. Township Portion Seven Valleys Change Order 1 for$32,728, for the construction a 36-inch
water main along Township Street is attached. The change order is necessary to stabilize the sub-base of the
existing Township Street as the existing sub-base material is unsuitable. Funds are available within the
approved contingency.
b. Highway 265 Portion is nearing final design by McClelland Consulting Engineers. Easement
acquisition will begin as soon as the Highway Department has acquired their right-of-way.
5. Noland WWTP Overhead Door contract with Royal Overhead Door Inc. for the purchase and installation of
three overhead rolling doors for$36,507.00 is attached, with a recommended $2,500 contingency, and a
budget adjustment for$3,007. There are nine 16' tall by 14'wide garage style service doors at the Noland
Wastewater Treatment Plant Farm Site that were installed in 1988. The existing door slides, which keep the
doors on track, are either broken or worn out. This causes the doors to stick and/or jump off tracks when being
closed. Employees have to get on 16' high ladders or lift devices in order to muscle the door back on track,
creating a significant safety hazard. It also makes the simple task of closing the door very time consuming.
The worst three doors have already been replaced; three are proposed for replacement under this bid.
$36,000.25 is available in the WWTP Building Improvements project; the$3,007 BA moves funds from
W&S CommittwAgmda 24NM9.dw
WATER/SEWER COMMITTEE AGENDA
MEETING DATE OF NOVEMBER 24, 2009
wastewater minor equipment. The City received two bids on November 12, 2009. Staff requests this item be
forwarded for consideration by the full City Council.
Contractor I Manufacturer Price
Rick Pershall Building Cornell $40,000.00
Royal Overhead Door I Cookson $36,507.00
6. Budget Adjustments for Fiber Optic Cable installation project, from Solid Waste for$116,128 and
Water/Sewer for$57,000, to fund fiber optic cable from City Hall to City facilities on South Happy Hollow Road,
and on to Water& Sewer Operations on Industrial Drive is attached. Computer connectivity at the City's
facilities on Happy Hollow and Industrial Drive is currently provided via T1 connections. With the City's
mapping, internet, intranet, and number of users, the connections are inadequate and, as a result, incredibly
slow. Information Technology staff recommends the City own and maintain the fiber connections. Leasing
fiber from a third party adds significant operational costs and limits our network flexibility. Based on preliminary
estimates from contractors, we believe the line can be installed for approximately $170,000. Utilities staff is
developing a formal design. Staff requests this item be forwarded for consideration by the full City
Council.
7. Lift Station Backup Power Generator Purchase of seven generators from United Engines, LLC. for
$109,114.23, is attached. The City's NPDES permits require backup power to wastewater facilities.
Generators have been provided to all plants and all components of the WSIP; as funds are available we have
gradually added generators to achieve the permit requirement. These generators significantly reduce the risk
of sewer overflows due to power outages. With this purchase, 30 of 38 lift stations will have backup power.
Funds are available within the Wastewater Treatment program. $10,382 is available in the Lift Station
Maintenance and Replacement project budget. A budget adjustment of$99,000 is attached moving funds from
the WWTP Equipment Maintenance and Replacement project to the Lift Station project. Staff requests this
item be forwarded for consideration by the full City Council.
8. Sanitary Sewer Rehabilitation Project Update.
a. Minisystems 5, 6, 13A, 20 and 32 preliminary design is based on the sanitary sewer evaluation
study (SSES)for the 810 manholes and 175,000 feet of sewer mains. That work that is appropriate for lining is
being completed in the Insituform CIPP lining project. This design work is on hold as it is second priority behind
biosolids design.
b. Insituform Sewer Pipe Lining Term Contract with Insituform replacing 17,000' of pipe for
$622,256.00 is underway. Work should be completed by the end of 2009.
9. Canterbury Water Tank, pump station and lines are being designed by McClelland Consulting Engineers.
The tank design will be submitted to the Health Department this month; the bid will advertise in December.
Work is expected to take approximately one year to complete.
10. Water/Sewer Committee Meeting is planned for Tuesday, December 8, 2009, 5:30 p.m., room 326,
following the agenda session.
Attachments: 1. Wastewater Treatment Contract, CH2M HILL Engineers
2.a. EL-3 Gas Company Relocation Agreement
2.c. WSIP ECO Wetlands/Stormwater Contract Amendment 4
2.d WSIP WL-15 Broyles Rd Lift Station Contract Seven Valleys
4. a. Seven Valleys Change Order 1 Township Water Line
5. Noland WWTP Overhead Door contract, Royal Overhead Door
6 Budget Adjustments for Fiber Optic Cable
7 Lift Station Backup Power Generator Purchase from United Engines
2.d. WSIP Construction Schedule & Cost Update (to be distributed at meeting)
W&S ConurdamAgwda 24Nov09.dm
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CITY COUNCIL AGENDA MEMO
a e eMEETING DATE OF DECEMBER 15,2009
y1 Wastewater Trtmt Contract,CH2M Hill Engineers
Page 1 of 27 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 Committee 6
Date: November 16, 2009
Subject: Contract with C112M Hill Engineers, Inc. for$6,858,886 for operation, maintenance, management and
engineering services for the City's wastewater treatment facilities and systems
RECOMMENDATION
Staff recommends approving a contract with CH2M Hill Engineers, Inc. for$6,858,886 for operation,
maintenance,management and engineering services for the City's wastewater treatment facilities and systems,
and approving a contingency of$75,000.
BACKGROUND
When the Noland W WTP upgrade was completed in 1987,the City contracted with OMI(now CH2M Hill-OMI) for
W WT 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).
DISCUSSION
The City received statements of qualification from American Water,CH2M HILL and Severn Trent.The proposal and
selection process involved tours of Fayetteville facilities,unannounced visits to W WTPs operated by each firm,formal
interviews with all three firms,and detailed evaluation by the selection committee. The committee selected C112M Hill.
The contract was developed to include the same fundamental scope of services as the existing contract,with evolutionary
changes reflecting GASB requirements,the expanded wastewater system,updated regulatory requirements,and increased
purchasing flexibility. To encourage cost saving operations,the current contract contains an incentive provision whereby
budget savings are distributed 87.5%to the City and 12.5%to C112M HILL. This new contract reflects a$903,304 cost
reduction from 2009,due to reduced capital and reduced operations expenses. Highlights of changes are below.
1) More detailed routine fiscal reporting.
2) Optimized purchasing power for the City to benefit from CH2M HILL's bulk purchasing capability.
3) Increased oversight of the preventive maintenance schedule and processes,to include real time access to W WTP
internal operations and maintenance software.
BUDGET IMPACT
The 2010$6,858,886 contract and$75,000 contingency costs are included in the proposed 2010 Budget.
W WT OM1 CCMemo12Nov09.doc
1.Wastewater Trtmt Contract,CH21M Hill Engineers
Page 2 of 27
AGREEMENT
For
OPERATIONS,MAINTENANCE,AND MANAGEMENT SERVICES
Between
CITY OF FAYETTEVILLE,ARKANSAS
And
CH2M HILL ENGINEERS, INC.
THIS AGREEMENT(hereinafter"Agreement")is made as of day of
2009, by and between City of Fayetteville, Arkansas, acting by and through its Mayor(hereinafter"City
of Fayetteville") and CH2M HILL Engineers,Inc., (hereinafter"CH2M HILL").
The City of Fayetteville requires professional operation, maintenance, management and engineering
services for wastewater treatment facilities and systems owned by the City of Fayetteville. Therefore, City
of Fayetteville and CH2M HILL mutually agree that CH2M HILL shall serve as such.
SECTION 1: AUTHORIZATION OF SERVICES
1.1 Definitions of words or phrases used in this Agreement are contained in Appendix B.
1.2 All grounds, facilities, equipment, and vehicles now owned by City of Fayetteville or acquired by
City of Fayetteville shall remain the property of City of Fayetteville.
1.3 This Agreement shall be governed by and interpreted in accordance with the laws of the State of
Arkansas and venue shall be in Washington County, Arkansas.
1.4 This Agreement shall be binding upon the successors and assigns of each of the parties, but
neither party will assign this Agreement without the prior written consent of the other party.
Consent shall not be unreasonably withheld.
1.5 All notices shall be in writing and transmitted by certified mail to:
City of Fayetteville C112M HILL
113 West Mountain 9193 South Jamaica St., Suite 400
Fayetteville,AR 72701 Englewood, CO 80112
ATTN: Director of Contracts
1.6 Changes, modifications, or amendments in scope, price or fees to this Contract shall not be
allowed without formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, cost,fees, or delivery schedule.
1.7 This Agreement, including Appendices, is the entire Agreement of the parties. This Agreement
may be modified only by written agreement signed by both parties. Wherever used, the terms
"CH2M HILL" and "City of Fayetteville" shall include the respective officers, agents, directors,
elected or appointed officials, and employees.
1.8 The Utilities Director and Construction and Contract Manager are the City of Fayetteville's
project representatives with respect to the services performed under this Agreement. They shall
have complete authority to transmit instructions, receive information, interpret and define City
policies and decisions with respect to materials, equipment, elements, and systems to be,used in
the Project,and other matters pertinent to the services covered by this Agreement.
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1.Wastewater Trtmt Contract,CH2M Hill Engineers
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SECTION 2: SCOPE OF SERVICES—CH2M HILL
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.2 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.
2.3 The detailed Scope of Services to be furnished by CH2M HILL is included in Appendix C
attached hereto and made part of this Agreement.
SECTION 3: SCOPE OF SERVICES-CITY OF FAYETTEVILLE
3.1. Provide full information as to City of Fayetteville's requirements for the Project in writing.
3.2. The detailed Scope of Services to be furnished by City of Fayetteville is included in Appendix C
attached hereto and made part of this Agreement.
SECTION 4: COMPENSATION
4.1 The detailed Compensation for Services to be furnished by City of Fayetteville during the Project
is included in Appendix D attached hereto and made part of this Agreement.
4.2 C112M HILL and City of Fayetteville agree that CH2M HILL will provide a monthly report in a
format to be agreed upon by the parties reflecting estimated to actual cost, and will submit the
report within thirty (30) calendar days after the end of the monthly period. The year end
reconciliation will be performed following CH2M HILL's annual audit and will be submitted
within one hundred twenty (120) calendar days of the end of the contract year. Any difference
due to City of Fayetteville or C112M HILL will be paid within thirty (30) calendar days of the
annual reconciliation completion.
4.3 In the event that a change in the scope of services provided by C112M HILL occurs, City of
Fayetteville and C112M HILL will negotiate a commensurate adjustment in estimated annual cost.
SECTION 5: PAYMENT OF COMPENSATION
5.1 One twelfth (1/12) of the Base Fee for the current year shall be due and payable on the tenth
(10'") of the month for each month that services are provided. Monthly statements for each
calendar month shall be submitted to City of Fayetteville or such parties as City of Fayetteville
may designate for services consistent with CH21VI HILL's normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the Project.
Applications for payment shall be made in accordance with a format to be developed by CH2M
HILL and approved by City of Fayetteville.
5.2 All other compensation to CH2M HILL is due upon receipt of CH2M HILL's invoice and
payable within thirty (30) calendar days, however, payment within 30 calendar days is not
guaranteed.
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1.Wastewater Trtmt.Contract,CH21M Hill Engineers
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SECTION 6: INDEMNITY,LUBILITY,AND INSURANCE
6.1 During the course of performance of these services, each party will maintain insurance coverages
as follows:
6.1.1 CH2M HILL shall maintain:
6.1.1.1 Statutory workers' compensation for all CH2M HILL's employees at the Project as required
by the State of Arkansas.
6.1.1.2 Comprehensive general liability insurance in an amount not less than $5,000,000.00
combined single limits for bodily injury and/or property damage.
6.1.2 City of Fayetteville shall maintain:
6.1.2.1 Property damage insurance for all property including vehicles and equipment owned by City
of Fayetteville and operated by CH2M HILL under this Agreement.
6.1.2.2 Automobile liability insurance for all vehicles and equipment owned by City of Fayetteville
and operated by C112M HILL under this Agreement. The City of Fayetteville is covered by a
plan with the Arkansas Municipal League.
6.2 C112M HILL shall indemnify City of Fayetteville for damages, injury, or loss which may arise
from CH2M HILL's negligent operations or intentional acts under this Agreement, to the
proportion such negligence or act contributed to the damages, injury, or loss, whether such
negligent operation or intentional act be by C112M HILL or by a subcontractor of C112M HILL.
6.3 CH2M HILL shall be liable for those fines or civil penalties, which may be imposed by a
regulatory agency for violations of the effluent quality requirements specified in the City of
Fayetteville's NPDES discharge permits, that are a result of C112M HILL's negligent operation.
City of Fayetteville will assist C112M HILL to contest any such fines in administrative
proceedings and/or in court prior to any payment by CH2M HILL. C112M HILL shall pay the
costs of contesting any such fines.
6.4 The City of Fayetteville agrees (without waiving its statutory immunity) to hold harmless,
indemnify and defend. CH2M HILL from and against any and all claims, losses, damages,
liabilities and costs including costs of defense arising out of or caused by C112M HILLS' non-
negligent operation of the wastewater facilities which nevertheless resulted in the presence,
discharge, release or escape of hazardous substance(s) that damaged third parties. C112M HILL
shall have the initial duty to prove that any presence, discharge, release or escape of hazardous
substance that damaged third parties was not caused by it or its employees' or its subcontractors'
negligence, mistake, or intentional act before the City of Fayetteville must indemnify C112M
HILL for any resulting damages and costs.
6.5 Nothing contained herein shall constitute a waiver of any statutory, legal or equitable defenses the
City of Fayetteville may have as a municipality, including but not limited to tort immunity under
State statute.
6.6 City of Fayetteville and CH2M HILL waive all rights against each other and their officers,
directors, agents, or employees for damage covered by property insurance during and after the
completion of CH2M HILL's services. If the services result in a construction phase, a provision
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1.Wastewater Trtmt Contract,CH21M Hill Engineers
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similar to this shall be incorporated into all construction contracts entered into by City of
Fayetteville, and all construction contractors shall be required to provide waivers of subrogation
in favor of City of Fayetteville and CH2M HILL for damage or liability covered by any of C112M
HILL's construction insurance policy.
6.7 In no event shall either party be liable to the other party for special, indirect or consequential
damages, whether such liability arises in breach of contract or warranty, tort including
negligence, strict or statutory liability, or any other cause of action.
SECTION 7: TERM AND TERMINATION
7.1 The initial term of this Agreement shall be five (5) years commencing on January 1, 2010 and
ending on December 31, 2014, followed by two (2) successive five (5) year options, each option
renewable at the mutual agreement of the City of Fayetteville and CH2M HILL. Each option can
be made effective by written agreement of the parties ninety (90) calendar days prior to the
expiration of the previous contract period. All contract periods and renewals are subject to and
contingent upon yearly budget approval by the City of Fayetteville.
7.2 Either party may terminate this Agreement for a material breach of the Agreement by the other
party after giving written notice of breach and allowing the other party thirty (30) calendar days
to correct the breach.Neither party shall terminate this Agreement without giving the other party
thirty (30) calendar days' written notice of intent to terminate after failure of the other party to
correct the breach within thirty(30) calendar days.
7.3 CH2M HILL will exercise reasonable skill, care, and diligence in the performance of CH2M
HILL's services and will carry out its responsibilities in accordance with customarily accepted
operating practices. City of Fayetteville will promptly report to CH2M HILL any defects or
suspected defects in CH2M HILL's services of which City of Fayetteville becomes aware, so that
CH2M HILL can take measures to minimize the consequences of such a defect.
7.4 Upon notice of termination by City of Fayetteville, CH2M HILL shall assist City of Fayetteville
in resuming operation of the Project. The City of Fayetteville reserves the right to unilaterally
extend the contract of the same terms and conditions, for a period not to exceed three(3) months
from the date of termination. The term of this period shall be determined within the terniination
notice. C112M HILL will cooperate in good faith to effectuate a smooth and harmonious
transition from CH2M HILL to the City of Fayetteville. If additional cost is incurred by C112M
HILL at request of City of Fayetteville, City of Fayetteville shall pay CH2M HILL such cost in
accordance with Paragraph 5.2.
SECTION 8: SPECIAL CONDITIONS
8.1 Audit: Access to Records
8.1.1 CH2M HILL shall maintain books, records, documents and other evidence directly pertinent to
performance on work under this Agreement in accordance with generally accepted accounting
principles and practices consistently applied in effect on the date of execution of this Agreement.
CH2M HILL shall also maintain the financial information and data used by C112M HILL in the
preparation of support of the cost submission required for any negotiated agreement or change
order and send to City of Fayetteville a copy of the cost summary submitted. City of Fayetteville,
the State or any of their authorized representatives shall have access to all such books, records,
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Page 6 of 27
documents and other evidence for the purpose of inspection, audit and copying during normal
business hours. CH2M HILL will provide proper facilities for such access and inspection.
8.1.2 Records under Paragraph 8.1.1 above, shall be maintained and made available for a period of
three (3)calendar years. In addition, those records which relate to any controversy arising out of
such performance, or to costs or items to which an audit exception has been taken, shall be
maintained and made available until three years after the date of resolution of such appeal,
litigation,claim or exception.
8.1.3 This right of access clause(with respect to financial records)applies to:
8.1.3.1 Negotiated prime agreements;
8.1.3.2 Negotiated change orders or agreement amendments in excess of$10,000 affecting the price
of any formally advertised, competitively awarded, fixed price agreement;
8.1.3.3 Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not apply
to a prime agreement, lower tier sub agreement or purchase order awarded after effective
price competition, except:
8.1.3.3.1 With respect to record pertaining directly to sub agreement performance, excluding any
financial records of CH2M HILL;
8.1.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
8.1.3.3.3 If the sub agreement is terminated for default or for convenience.
8.2 Covenant Against Contingent Fees
8.2.1 CH2M HILL warrants that no person or selling agency has been employed or retained to solicit or
secure this Agreement upon an agreement of understanding for a cormnission, percentage,
brokerage or continent fee, excepting bona fide employees or bona fide established commercial or
selling agencies maintained by CH2M HILL for the purpose of securing business. For breach or
violation of this warranty, City of Fayetteville shall have the right to annul this Agreement
without liability or at its discretion, to deduct from the contract price or consideration, or
otherwise recover,the full amount of such commission,percentage,brokerage, or contingent fee.
8.3 Gratuities
8.3.1 If City of Fayetteville finds after a notice and hearing that CH2M HILL or any of CH2M HILL's
agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or
otherwise) to any official, employee or agent of City of Fayetteville, in an attempt to secure an
agreement or favorable treatment in awarding, amending or making any determinations related to
the performance of this Agreement, City of Fayetteville may, by written notice to CH2M HILL,
terminate this Agreement. City of Fayetteville may also pursue other rights and remedies that the
law or this Agreement provides. However, the existence of the facts on which City of
Fayetteville bases such finding shall be in issue and may be reviewed in proceedings under the
Remedies clause of this Agreement.
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1.Wastewater Trtmt Contract,CH21M Hill Engineers
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8.3.2 In the event this Agreement is terminated as provided in Paragraph 8.3.1,City of Fayetteville may
pursue the same remedies against CH2M HILL as it could pursue in the event of a breach of the
Agreement by C112M HILL, in addition to any other damages to which it may be entitled by law.
8.4 Entire Agreement
8.4.1 This Agreement, including Appendices listed in Appendix A, represents the entire Agreement
between CH2M HILL and City of Fayetteville relative to the Scope of Services herein. Since
terms contained in purchase orders do not generally apply to professional services, in the event
City of Fayetteville issues to C112M HILL a purchase order, no preprinted terms thereon shall
become a part of this Agreement. Said purchase order document, whether or not signed by
C112M HILL, shall be considered as a document for City of Fayetteville's internal management
of its operations.
8.5 Arkansas Freedom of Information Act
8.5.1 City of Fayetteville contracts and documents, including internal documents and documents of
subcontractors and sub-consultants, prepared while performing City contractual work are subject
to the Arkansas Freedom of Information Act(FOIA). If a Freedom of Information Act request is
presented to the City of Fayetteville, C112M HILL will do everything reasonably possible to
provide the documents to City of Fayetteville in a prompt and timely manner as prescribed in the
Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized
photocopying costs pursuant to the FOIA may be assessed for this compliance.
8.6 In the event that activities by City of Fayetteville's employee groups or unions cause a disruption
in CH2M HILL's ability to perform at the Project, City of Fayetteville, with C112M HILL's
assistance or CH2M HILL, at its own option, may seek appropriate injunctive court orders.
During any such disruption, CH2M HILL shall operate the facilities on a best-efforts basis until
any such disruptions cease.
8.7 Neither party shall be liable for its failure to perform its obligations under this Agreement if
performance is made impractical, abnormally difficult, or abnormally costly, due to any
unf6reseen occurrence beyond its reasonable control. The party invoking this Force Majeure
clause shall notify the other party immediately by verbal communication and in writing by
certified mail of the nature and extent of the contingency within ten (10) working days after its
occurrence.
8.8 Neither party shall, without the written agreement of the other party, offer employment to each
other's employees during the term of this Agreement and for a period of two (2) years after the
end of this Agreement.
8.9 The City of Fayetteville and CH2M HILL shall make every effort to procure equipment,
materials,and services for the best value. Procurement shall be through the City of Fayetteville's
or CH2M HILL's available purchasing agreements.
8.10 Revenue Generation
8.10.1 C112M HILL shall provide support to the City of Fayetteville in the development and
implementation of certain activities associated with revenue generation opportunities for the City
of Fayetteville. Initially,these opportunities may include,but are not limited to:
8.10.1.1 The sale of hay from the farm site.
20Nov2009 Agreement-6 of 8
1.Wastewater Trtmt Contract,CH21M Hill Engineers
Page 8 of 27
8.10.1.2 Performance of laboratory analyses for outside entities.
8.10.1.3 Processing and disposal of biosolids for outside entities.
8.10.1.4 Marketing and sale of dried biosolids.
8.10.2 In consideration of costs resulting from this support and in order to provide incentives for CH2M
HILL to perform to the benefit of the City of Fayetteville's objectives, a revenue sharing program
would be negotiated between the City of Fayetteville and C112M HILL and included to this
Agreement by Appendix.
8.11 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.
SECTION 9: DISPUTE RESOLUTION
9.1 The procedures of this paragraph shall apply to any and all disputes between City of Fayetteville
and C112M HILL which arise from, or in any way are related to, this Agreement, including, but
not limited to the interpretation of this Agreement, the enforcement of its terns, any acts, errors,
or omissions of City of Fayetteville or CH2M HILL in the performance of this Agreement, and
disputes concerning payment.
9.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If
timely notice is given under Paragraph 9.2.1,but an action is initiated prior to exhaustion of these
procedures, such action shall be stayed, upon application by either party to a court of proper
jurisdiction,until the procedures in Paragraphs 9.2.1 and 9.2.2 have been complied with.
9.2.1 Notice of Dispute
9.2.1.1 For disputes arising prior to the making of final payment promptly after the occurrence of any
incident, action, or failure to act upon which a claim is based, the party seeking relief shall
serve the other party with a written notice;
9.2.1.2 For disputes arising within one year after the making of final payment, City of Fayetteville
shall give CH2M HILL written notice at the address listed in Paragraph 1.5 within thirty(30)
calendar days after occurrence of any incident, accident, or first observance of defect or
damage. In both instances,the notice shall specify the nature and amount of relief sought, the
reason relief should be granted, and the appropriate portions of this Agreement that authorize
the relief requested.
9.2.2 Negotiation
9.2.2.1 Within seven calendar days of receipt of the notice, the Project Managers for City of
Fayetteville and C112M HILL shall confer in an effort to resolve the dispute. If the dispute
cannot be resolved at that level, then, upon written request of either side, the matter shall be
referred to the President or his/her designee of C112M HILL and the Mayor of City of
Fayetteville or his/her designee. These officers shall meet at the Project Site or such other
location as is agreed upon within thirty (30) calendar days of the written request to resolve
the dispute.
20Nov2009 Agreement-7 of 8
1.Wastewater Trtmt Contract,CH21M Hill Engineers
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9.3 Controlling Law
9.3.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State of
Arkansas without regard to any conflicts of law provisions.
9.4 Arbitration
9.4.1 Any controversy between the parties to this Agreement involving the construction or application
of any of the terms, covenants or conditions of this agreement shall, on the written request of one
party served on the other within thirty(30)calendar days after the dispute arises,be submitted to
arbitration, and such arbitration shall comply with and be governed by the Arkansas Uniform
Arbitration Act(A.C.A. §16-108-201 et seq.).
9.4.2 The parties to this Agreement may agree on one arbitrator,but in the event that they cannot agree,
there shall be three (3) arbitrators, one named in writing by each of the parties within fourteen
(14)calendar days after demand for arbitration, and a third to be chosen by the two so named.
9.4.3 If there is one arbitrator,his or her decision shall be binding and conclusive on the parties.If there
are three(3)arbitrators,the decision of any two shall be binding and conclusive.
IN WITNESS WHEREOF, City of Fayetteville, Arkansas by and through its Mayor, and C112M HILL,
by its authorized officer have made and executed this Agreement as of the day and year first above
written.
C112M HILL ENGINEERS, INC. CITY OF FAYETTEVILLE,ARKANSAS
By: By:
Lioneld Jordan,Mayor
Title: ATTEST:
By:
Sondra Smith, City Clerk
END OF AGREEMENT FOR OPERATIONS,MAINTENANCE,AND MANAGEMENT SERVICES
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Appendix A
LIST OF APPENDICES
Appendix A—List of Appendices
Appendix B—Definitions
Appendix C—Scope of Services
Appendix D—Compensation for Services
Appendix E—Location of Project
Appendix F—Environmental Permits and Project Characteristics
Appendix G—Industrial Waste Discharges and Monitoring Program
Appendix H—Vehicle and Mobile Equipment Description(Rolling Stock)
Appendix I—Base Fee Adjustment
Appendix A- 1 of 1
1.Wastewater Trtmt Contract,CH21M Hill Engineers
Page 11 of 27
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,
CH2M 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 1
1.Wastewater Trtmt Contract,CH21M Hill Engineers
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Appendix C
SCOPE OF SERVICES
C.1 SCOPE OF SERVICES—C112M 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.
C.1.6 Pay all costs incurred within the scope of normal Project operations as defrred 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
C112M HILL. Any frres 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 15d' 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
Fayetteville's representative. Keys for Project shall be provided to City of Fayetteville by CH2M
Appendix C- 1 of 4
1.Wastewater Trtmt Contract,CH21M Hill Engineers
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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 C112M 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
• Proposed expenditure schedule
Appendix C-2 of 4
1.Wastewater Trtmt Contract,CH21M Hill Engineers
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• 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 C112M
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. C112M
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 C112M 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 with a capacity of 480v or less.
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 farm site,
including managing harvesting and marketing the hay produced on the site. Farm site
maintenance shall also include compliance with the current"no discharge"permit.
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.
Appendix C-3 of 4
1.Wastewater Trtmt Contract,CH21M Hill Engineers
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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 terms 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 C112M HILL within a reasonable time after request any piece of City of
Fayetteville's heavy equipment, subject to availability, so that C112M 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.
C.2.9 Pay for all regulatory fees.
Appendix C-4 of 4
1.Wastewater Trtmt Contract,CH21M Hill Engineers
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Appendix D
COMPENSATION FOR SERVICES
D.1 C112M HILL estimates that Base Fee for services, on an annual basis, under this Agreement for
2010 shall be $6,858,886. Details of said cost are shown in DA below. The Base Fee shall be
negotiated each year. Should City of Fayetteville and C112M 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.
D.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$120,086
shall be billed in equal monthly installments and adjusted annually in relation to the Base Fee.
D.3 In order to provide an incentive for CH2M HILL to operate in a manner that will result in actual
costs below estimated cost, City of Fayetteville will pay C112M HILL an additional fee when
actual costs are below estimated cost. Said fee will be twelve and one half percent(12.5%) of the
amount of actual cost are below estimated cost.
DA Cost Detail-The annualized estimated costs for calendar year 2010 are listed in Table D-l.
Appendix D-Page 1 of 2
1.Wastewater Trtmt Contract,CH21M Hill Engineers
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Table D-1, Cost Detail
Wastewater West Side
Division Noland W WTP W WTP O&M Lab&Industrial
Administration& O&M(incl. land (incl. wetlands Pretreatment Lift Station
Category Description SCADA application site) Program Maintenance Totals
Direct Labor $ 418,523 $ 846,052 $ 608,250 $ 256,318 $ 139,403 $ 2,268,547
Labor Markup, 15% $ 62,778 $ 126,908 $ 91,238 $ 38,448 $ 20,910 $ 340,282
Direct Expense $ 298,021 $ 1,523,230 $ 704,758 $ 102,785 $ 182,658 $ 2,811,451
Expense Markup, 10% $ 29,802 $ 152,323 $ 70,476 $ 10,279 $ 18,266 $ 281,145
Electricity $ 503,376 $ 336,000 $ 198,000 $ 1,037,376
Fixed Fee $ 120,086 $ 120,086
Totals $ 929,210 $ 3,151,888 $ 1,810,722 $ 407,829 $ 559,237 $ 6,858,886
Appendix D-Page 1 of 2
1.Wastewater Trtmt Contract,CH21M Hill Engineers
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Appendix E
LOCATION OF PROJECT
E.1 CH2M HILL agrees to provide the services necessary for the management, operation and
maintenance of the following:
E.1.1 All equipment, vehicles, grounds and facilities now existing within the present property
boundaries of or being used to operate the City of Fayetteville's Noland 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
WW1 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
WW5 3896 N GreggAve(GreggAve PS) YES
W W6 3021 N Old Wire Rd(Old Wire PS)
WW7 2065 N Sunshine Rd(Hamestrin PS) YES
N/A 2034 N Sunshine Rd(Old Hamestring PS -ABANDONED) NO
W W 8 729 W North Street(North Street PS—ABANDONED) YES
WW9 1336 N Porter Rd(Porter Rd PS)
W W 10 716 N Futrall Dr Futrall Dr PS YES
W W l l 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 15 203 E 29th Circle(Country Club PS—ABANDONED) NO
W W 16 516 W Ernest Lancaster Dr(Airport North PS) YES
WW17 4394 S School(ABANDONED) NO
W W 18 202 N Sandy(Greenland PS)
Appendix E-Page 1 of 3
1.Wastewater Trtmt Contract,CH21M Hill Engineers
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Site
SCADA Maintenance
NODE LOCATION Generator Only
W W 19 5716 E Norman Murphy Rd(Mally Wagnon PS) YES
N/A 933 S Mally Wagnon Rd Old Mally Wagnon PS NO
3212 N Highway 112—(Trucker's Drive PS -
WW20 ABANDONED) YES
W W21 1720 S Armstrong Ave(Happy Hollow PS—ABANDONED NO
W W22 630 N Double Springs Rd(Owl Creek PS) YES
WW23 440 E Fairway Ln Masters PS
W W 24 265 W Ernest Lancaster Dr(Airport East PS) YES
WW25 551 W Aster Ave Willow West PS -Farmington) YES
WW26 74 S Kestrel(Se uoyah Preserve PS)
W W27 1031 River Meadows Dr (Stonebridge Meadow Phase I PS) YES
WW28 1603 Plantation Ave(Heritage Village PS) YES
WW29 390 N Cato Springs Rd Bohannan PS -Greenland
2423 Rupple Road(Holt Middle School PS—
WW30 ABANDONED) NO
W W31 2318 Internet(Research Park PS—ABANDONED) NO
WW32 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
W W35 3083 W 6th St(Lowe's—6th St PS) YES
WW36 1642 N Willowbrook Dr(Skyler Place PS) YES
WW37 3848 W Edgewater Dr(Clabber Creek PS -ABANDONED) YES
W W38 3710 E Zion Rd(Copper Creek Phase II PS) YES
WW39 2392 N Kenswick Ave(Crofton Manner PS) YES
WW40 1811 S Cherry Hills Dr(Stone Bridge Meadow Phase II PS) YES
WW41 1608 S S ringlake 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)
W W44 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
W W47 3601 E Albright Rd Embry Acres PS YES
W W48 2435 S Dead Horse Mountain Rd(McDonald PS)
W W49 3393 E Goff Farm Road(Meadows PS)
W W50 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 Land Application Site located east of the Noland
Wastewater Treatment Plant across the White River.
Appendix E-Page 2 of 3
1.Wastewater Trtmt Contract,CH21M Hill Engineers
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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
W1 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
W15 14360 Round Mt Comm Church Rd Stand Pipe County Rd#55 (Round Mountain)
W16 22032 Fire Tower Rd County Rd 4343 Stand Pipe(Benson Mountain)
W17 3265 N Gulley Rd Elevated Storage Tank
W18 3788 N Gulley Rd Pump Station
W19 3370 S Coach Rd Pump Station
W20 2098 Woodcliff Rd(Springdale) Surge 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 uoyah 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 2009.
Appendix E-Page 3 of 3
1.Wastewater Trtmt Contract,CH21M Hill Engineers
Page 21 of 27
Appendix F
ENVIRONMENTAL PERMITS AND PROJECT CHARACTERISTICS
F.1 CH2M HILL will operate Project so that effluent will meet the requirement of NPDES permit No.
AR0020010 and AR0050288. CH2M HILL shall be responsible for meeting the effluent quality
requirements of City of Fayetteville's NPDES permit unless one or more of the following occurs:
• The Project influent does not contain Adequate Nutrients to support operation of Project biological
processes;
• Contains Biologically Toxic Substances which cannot be removed by the existing process and
facilities.
F.2 The flow, influent BODS, and/or suspended solids exceeds the Project design parameters which
are:
Noland WWTP West Side WWTP
Annual Maximum Annual Maximum
Average Monthly Average Monthly
Average Average
Flow(MGD) 11.2 16.9 10.0 17.8
BOD(lbs/d) 26,370 27,960 14,595 18,853
TSS (lbs/d) 20,620 22,210 14,595 18,853
F.3 hi the event any one of the Project influent characteristics, suspended solids, BODS, or flow,
exceeds the parameters listed above, C112M 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 C112M HILL will have a thirty (30) day recovery period after the influent is free from said
substances or contains Adequate Nutrients.
F.4 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
1.Wastewater Trtmt Contract,CH21M Hill Engineers
Page 22 of 27
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) 6.0 5.9
BOD lbs/d) 14,242 9,678
TSS(lbs/d) 13,117 11,503
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-Hamestring 72-01873 2179-A N/A
Air-West Side 72-01033 2178-A N/A
Stormwater No Exposure Certification(NEC) *Tracking No.
-Noland 72-00102 ARROOC377 03/31/09
Stormwater No Exposure Certification(NEC) *Tracking No.
West Side 72-01033 ARR000390 03/31/09
*NEC are the exemptions from the Industrial Stormwater General Permit(IGP) #ARR000000. The
IGP expires 313112009 but the NEC remain effective until further notice from ADEQ.
Appendix F-2 of 2
1.Wastewater Trtmt Contract,CH21M Hill Engineers
Page 23 of 27
Appendix G
INDUSTRIAL WASTE DISCHARGES AND MONITORING PROGRAM
G.1 C112M 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. silver, zinc,cyanide
Fayetteville,AR 72701
Elkhart Products Corporation Chromium, copper, lead,nickel,zinc, oil &
PO Box 1129
Fayetteville,AR 72702 grease
Appendix G- 1 of 2
1.Wastewater Trtmt Contract,CH21M Hill Engineers
Page 24 of 27
Industry Parameters Analyzed
Hiland Dairy Company Biochemical oxygen demand,total suspended
PO Box 3478 solids,phosphorus,pH, oil&grease
Fayetteville,AR 72702
Marshalltown Tools
2200 Industrial Drive Cadmium,chromium, copper, lead,nickel,
Fayetteville,AR 72701 silver,zinc, cyanide
Pinnacle Foods Corporation Biochemical oxygen demand, total suspended
PO Box G
Fayetteville,AR 72702 solids,phosphorus,pH,oil&grease
Superior Industries International, Inc.
1901 Borick Drive Cadmium, chromium,copper,lead,nickel,
Fayetteville,AR 72701 silver,zinc, cyanide
Tyson Foods, Inc. Biochemical oxygen demand,total suspended
2615 S. School solids,phosphorus,pH, oil&grease
Fayetteville,AR 72701
Appendix G-2 of 2
1.Wastewater Trtmt Contract,CH21M Hill Engineers
Page 25 of 27
Appendix H
VEHICLE AND MOBILE EQUIPMENT DESCRIPTION(ROLLING STOCK
Unit# Unit Description Location Year
82 Sykes 6"pump Paul R Noland 2008
320 Ford F350 Super Duty/Crane, Crew Cab West Side WWTP 1999
324 Ford F350 Super Duty/Crane,Reg. Cab Paul R Noland 1999
325 Ford F350 Super Duty,Reg. Cab Paul R Noland 200,0
339 Ford F-350,Flatbed Farm Site 2002
340 Ford F-350 Farm Site 2002
551 Ford 3930 Tractor Brushhog Farm Site 1995
564 Ford/New Holland 8160 Load Tractor Farm Site 1999
570 New Holland 8670 Tractor Farm Site 2000
581 New Holland TS100A Front End Loader Farm Site 2004
582 New Holland 1412 Discbine Mower Conditioner Farm Site 2004
583 New Holland 740 Round Baler Farm Site 2001
588 New Holland B940A Large Square Baler Farm Site 2005
589 New Holland 1412 Discbine Mower Conditioner Farm Site 2005
644 New Holland 575E Backhoe/Loader Maintenance 2000
727 Dump Truck Paul R Noland 1995
741 Mack Tractor Farm Site 1996
751 Sterling LT9500 Truck West Side WWTP 2006
753 Kenworth Semi Tractor Paul R Noland 1999
754 Kenworth T800 Semi Tractor West Side WWTP 1999
755 Kenworth T800 Semi Tractor Paul R Noland 2000
806 Case 1150G Bulldozer Farm Site 1995
818 Caterpillar P5000LP Forklift West Side WWTP 2008
927 Parker 24'Gooseneck Trailer Farm Site 1991
959 Bush Hog 2620 Cutter Farm Site 1995
966 P.J. Trailer, 18FT Farm Site 1996
969 LO-Boy 25T-36FT Trailer Farm Site 1996
988 'Hesston Wheel Rake Farm Site 1998
989 M&W Wheel Rake Farm Site 1998
992 ATV-Polaris Sportsman 4X4 Paul R Noland 1998
1052 Ford Explorer Farm Site 1999
1092 Ford Explorer XLT Paul R Noland 2002
2004 Ford 4X4 Ranger XLT West Side WWTP 1997
2007 Ford 4X4 Ranger XLT O s Bld 1997
2103 Ford 4X4 F150 Extended Cab West Side WWTP 2006
3820 2006 Kawasaki Mule 4x4 West Side WWTP 2006
Appendix H- I of 2
1.Wastewater Trtmt Contract,CH21M Hill Engineers
Page 26 of 27
VEHICLE AND MOBILE EQUIPMENT DESCRIPTION(ROLLING STOCK
Unit# Unit Description Location Year
4318 2006 Kawasaki Mule 44 West Side WWTP 2006
5000 New Holland 1412 Discbine Farm Site 2006
5001 John Deere 6615 Tractor Farm Site 2007
5002 John Deere 6615 Tractor Farm Site 2007
5003 New Holland 740 Round Baler Farm Site 2007
5012 Unit 5012 NHT6030 Farm Site 2009
9021 Volvo Penta 400 KW -Trailer Mounted Generator Lift Station I2N 2001
9024 Hesston GEHL WR-522 Wheel Rake Farm 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 WWTP 1999
9088 Lufkin ULD-38 Trailer West Side WWTP 2006
9104 Lufkin ULD-38 Trailer West Side WWTP 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 Pump/Trailer Paul R Noland 2009
Appendix H-2 of 2
1.Wastewater Trtmt Contract,CH21M Hill Engineers
Page 27 of 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: ClU1010000000000A.
CPI = The twelve month percent change (from October of the prior year to
October of the current year) in the Consumer Price Index for All Urban
Consumers, Not Seasonally Adjusted as published by U.S. Department of
Labor, Bureau of Labor Statistics in the CPI Detailed Report Series Id:
CUUROOOSAO.
Appendix I- 1 of 1