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HomeMy WebLinkAbout213-15 RESOLUTIONOF fAYETTF. o I y • r J! uu+�ru p 4gKA.N5 ps 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 213-15 File Number: 2015-0520 C112M HILL ENGINEERS, INC. AMENDMENT NO. 7: A RESOLUTION TO APPROVE AMENDMENT NO. 7 TO THE AGREEMENT FOR OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF $7,872,234.00 FOR SERVICES IN 2016 WHEREAS, the City Administration has concluded that utility engineering services can be more efficiently delivered by City employees and desires to remove that from the scope of services to be performed by CH2M HILL Engineers, Inc. ("CH2M"); and WHEREAS, an incentive provision has been included in Amendment No. 7 whereby budget savings are distributed 87.5% to the City and 12.5% to CH2M in order to encourage cost saving operations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 7 to the Agreement for Operations, Maintenance and Management Services between the City of Fayetteville, Arkansas and CH2M Hill Engineers, Inc. in the amount of $7,872,234.00 for services in 2016. PASSED and APPROVED on 12/1/2015 Page 1 Printed on 1212115 File Number 2015-0520 A nnrnved : Resolution # 213-15 Attest: Sondra E. Smith, City Clerk Treasurer r FAYETTEVILLF.:'' •'�ys �kA NSP• °����.`` ss.,I i!G T.0 o*; %IM 1111 % Page 2 Printed on 1212115 City of Fayetteville Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2015-0520 Agenda Date: 12/1/2015 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 3 C112M HILL ENGINEERS, INC. AMENDMENT NO. 7: A RESOLUTION TO APPROVE AMENDMENT NO. 7 TO THE AGREEMENT FOR OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES BETWEEN THE CITY OF FAYETTEVILLE, ARKANSAS AND CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF $7,872,234.00 FOR SERVICES IN 2016 WHEREAS, the City Administration has concluded that utility engineering services can be more efficiently delivered by City employees and desires to remove that from the scope of services to be performed by CH2M HILL Engineers, Inc. ("CH2M"); and WHEREAS, an incentive provision has been included in Amendment No. 7 whereby budget savings are distributed 87.5% to the City and 12.5% to CH2M in order to encourage cost saving operations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 7 to the Agreement for Operations, Maintenance and Management Services between the City of Fayetteville, Arkansas and CH2M Hill Engineers, Inc. in the amount of $7,872,234.00 for services in 2016. City of Fayetteville, Arkansas Page 1 Printed on 121312015 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2015-0520 Legistar File ID 12/1/2015 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/12/2015 Submitted Date Action Recommendation: Wastewater Treatment Plant/ Utilities Department Division / Department City Administration recommends approval of Contract Amendment No. 7 with CH21VI Engineers, Inc. beginning January 1, 2016 and ending December 31, 2016. Budget Impact: 5400.XXXX.5328.00 Water/Sewer Account Number 04048.XXX Project Number Fund CH21VI Hill Contract Expenses Project Budgeted Item? Yes Current Budget Funds Obligated Current Balance Project Title $ 7,872,234.00 7,972 2 .00 Does item have a cost? Yes Item Cost $ 7,872,234.00 Budget Adjustment Attached? No Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # 93-14 Original Contract Number: 2305 Comments: Approval Date: CITY OF 'ttvlle ARKANSAS MEETING OF DECEMBER 1, 2015 TO: Mayor and City Council FROM: Tim Nyander, Utilities Director DATE: November 12, 2015 CITY COUNCIL AGENDA MEMO SUBJECT: Approval of Contract Amendment No. 7 with CH2M HILL Engineers, Inc. beginning January 1, 2016 and ending December 31, 2016 with an annual cost of $7,872,234.00 for 2016. RECOMMENDATION: City Administration recommends approval of Contract Amendment No. 7 with CH2M HILL Engineers, Inc. beginning January 1, 2016 and ending December 31, 2016. BACKGROUND: When the original Noland WWTP upgrade was completed in 1987, the City contracted with OMI (now CH2M) for wastewater treatment services. The scope of services provided by CH2M HILL include: (1) operate and maintain the Noland and West Side Wastewater Treatment Plants (WWTP); (2) operate and/or maintain 43 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 and two subsequent five year extensions subject to City review and approval. Contract Amendment No. 6 was implemented for 2015 which updated the scope of services to include utility engineering services, and exercised the first of two available five-year extensions of the overall contract beginning January 1, 2015. City staff has now reached the conclusion that engineering services can be more efficiently delivered by City employees, so this scope has been removed from the CH2M HILL contract for 2016. 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 overall contract price has decreased from the amended total 2015 contract price by 0.4% or $30,308, due to the reduction in overall scope. The net increase from 2015 to 2016 for the remainder of the scope is approximately 1.8% or $140,268 with much of this increase due to an anticipated 10% increase in the cost of electricity. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: Throughout the transition period created by the unforeseen departures of the City's Utility Engineer and Utility Director in early 2014, CH2M HILL provided stable engineering support for the Wastewater Utility. However, now that a new Utility Director has become firmly established and his former Operations position backfilled with an experienced and competent individual, City Staff is confident that these services can be more efficiently delivered with in-house personnel. This Amendment No. 7 anticipates that the CH2M HILL scope of services will return to the level that existed prior to the recent transitional period. BUDGET/STAFF IMPACT: Funds are available within the 2016 Wastewater Treatment Plant operational budget. ATTACHMENTS: Staff Review Form PO Request Signed Contract Amendment No. 7 City, of Fayetteville - Purchase Order Request' (PO) Requisition o.: ate: (Not a Purchase Order) 1/1/2016 P.O Number: All PO Requests shall be scanned to the Purchasing e-mail: Purchasing@fayetteville-ar.gov. Purchase shall not be made until an actual PO has been issued. Vendor 20708 Vendor CH2M Engineers, Inc. Mail F Yes No C` Legistar#: #: Name: 2015-0520 Address: 1500 International Dr. FOB Point: Taxable Expected Delivery Date: r Yes F No City: Spartanburg State: SC Zip Code: Ship to code: Quotes Attached 29303 Fay r"Yes F -No Requester: Cheryl Pertain Requester's Employee #: Extension: 2548 8224 Item Description Quantity Unit of Issue Unit Cost Extended Cost Account Number Project.Sub# Inventory # Fixed Asset # 2016 Contract for Management of the 1 City's Wastewater Treatment Facilities 12 EA 94,866.58 1,138,399.00 5400.5100.5328.00 48048.510 Administration & SCADA 2 Noland WWTP Operations and Management Program 12 EA 174,941.67 2,099,300.00 5400.5110.5328.00 48048.511 3 West Side WWTP Operations and Management Program 12 EA 94,617.92 1,135,415.00 5400.5120.5328.00 48048.512 4 WWTP Lab & Industrial Pretreatment 12 EA 42,092.58 505,111.00 5400.5130.5328.00 48048.513 5 Lift Station Utility & Maintenance 12 EA 68,130.67 817,568.00 5400.5140.5328.00 48048.514 6 Fixed Fee 12 EA 11,656.00 ' 139,872.00 5400.5100.5328.00 48048.510 7 Biosolids Management Site Program 12 EA 128,007.42 1,536,089.00 5400.5110.5328.00 48048.515 8 Lake Sequoyah Sediment Removal 12 EA 41,706.67 500,480.00 5400.5100.5328.00 48048.516 9 $0.00 10 $0.00 Shipping/Handling Lot $0.00 Special nstructions: THIS IS A 2016 PO REQUEST FOR THE CH2M CONTRACT /cp Subtotal: $7,872,234.00 Tax: $0.00 Total: $7,872,234.00 Approvals: Mayor: Department Director: Purchasing Manager: Chief Financial Officer: Budget Director: IT Director: Dispatch Manager: Utilities Manager: Other: Revised 6/18/2014 AMENDMENT NO.7 TO AGREEMENT For OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And CH2M HILL ENGINEERS, INC. THIS AMENDMENT NO. 7 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 151 day of January, 2016, 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 A is attached for informational purposes only. 2. Appendix B is attached for informational purposes only. 3. Appendix C is hereby deleted in its entirety and replaced with the.attached Appendix C. 4. Appendix D is hereby deleted in its entirety and replaced with the attached Appendix D. 5. Appendix E is hereby deleted in its entirety and replaced with the attached Appendix E. 6. Appendix F is attached for informational purposes only. 7. Appendix G is hereby deleted in its entirety and replaced with the attached Appendix G. 8. Appendix H is hereby deleted in its entirety and replaced with the attached Appendix H. 9. Appendix I is attached for informational purposes only. 10. Appendix J is hereby deleted in its entirety and replaced with the attached Appendix J. This Amendment No. 7, together with prior Amendments and the Agreement, constitutes the entire agreement between the Parties and supersedes all prior oral and written understandings with respect to the subject matter set forth herein. Unless specifically stated all other terms and conditions of the Agreement shall remain in full force and effect. Neither this Amendment nor the Agreement may be modified except in writing signed by an authorized representative of the Parties. I of 2 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 Name: Scott Neelley Title: Senior Designated Manager Date: 1i, k4c By: Name: Lioneld Jordan, Mayor Title: Mayor Date: ATTEST: By: Name: Sondra Smith Title: City Clerk Date: 2 of 2 Appendix A LIST OF APPENDICES Appendix A.. -.List of Appendices Appendix B -- Definitions Appendix C. Scope of Services Appendix D -- Compensation for Services Appendix E - Location of Project Appendix F — Environmental Permits and Project Characteristics Appendix G Industrial Waste Discharges and Monitoring Program Appendix H -- Vehicle and Mobile Equipment Description (Rolling Stock) Appendix I Base Fee Adjustment Appendix J - Lake Sequoyah Dredging Project.. Scope of Work Appendix A - I of I Appendix B DEFINITIONS B. I "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 BOD5. B.2 "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.3 "Biologically Toxic Substances" means any substance or combination of substances contained in the plant influent in sufficiently high concentrations so as to interfere with the biological processes necessary for the removal of the organic and chemical constituents of the wastewater required to meet the discharge requirements of City of Fayetteville's NPDES permit. Biologically toxic substances include but are not limited to heavy metals, phenols, cyanides, pesticides, and herbicides. B.4 "Capital Expenditures" means any expenditures for (1) the purchase of new equipment or facility items that cost more than Ten Thousand Dollars ($10,000); or (2) major repairs which significantly extend equipment or facility service life and cost more than Ten Thousand Dollars ($10,000); or (3) expenditures that are planned, non -routine and budgeted by City of Fayetteville. B.5 "Cost" means the total of all costs determined on an accrual basis in accordance with generally accepted accounting principles including but not limited to direct labor, insurance, labor overhead, chemicals, materials, supplies, utilities, equipment, maintenance, repair, and outside services. B.6 "Electrical Evaluation" will be limited to amperage draws, winding resistance measurements, thermographic evaluations, and current and voltage imbalance. B.7 "Fixed Asset" means any tangible property that has a value of Five Thousand Dollars ($5,000) or more and is depreciable. This excludes the repair/replacement parts that are components of a greater fixed asset. B.8 "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.9 "Out of scope" services will include "capital expenditures" (definition B.4 of this Appendix), added or modified regulatory requirements (that are not contained in the applicable permits), changes to improve efficiency and/or generate income, or other services not described in the contract and requested by the City of Fayetteville. 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.10 "Project" means all equipment, vehicles, grounds and facilities described in Appendix E and where appropriate, the management, operations and maintenance of such. Appendix B - I of 2 B.11 "Repairs" means the cost of those non-routine/non-repetitive activities required for operational continuity, safety, and performance generally due to failure or to avert a failure of the equipment, sewer, vehicle, or facility or some component thereof; cost less than ten thousand dollars ($10,000); and are not included in definition B.4 of this Appendix. "Repairs" exclude cost of repair parts caused by storm damage to the supervisory control and data acquisition (SCADA) system. Appendix B - 2 of 2 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. C.1.6 Pay all costs incurred within the scope of normal Project operations as defined in this Agreement. C.1.7 Staff the Project with a minimum of three (3) Arkansas Class IV Wastewater licensed operators. C.1.8 . Prepare all NPDES .permit and other pertinent regulatory reports, letters, or other correspondence, and submit these to City of Fayetteville for signature and approval. Transmittal to appropriate agencies shall be done by CH2M HILL, except for electronic reporting via NETDMR. 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 15'x' 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.l .1 I 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. Appendix C - I of 5 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 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.1 1. C.1.21 Maintain 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 Verify the capacity and efficiency of each sewer lift station once per calendar year. C. 1.23 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 5 • Proposed capital recovery schedule + Impact of early termination C.1.24 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. 1.25 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-two percent (22%). C.1 26 Provide City of Fayetteville with oral and written reports as requested. C. 1.27 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. 1.28 Conduct annual electrical evaluations of electrical units of 25 horsepower or more which operate at supply voltages of 480V or less to ground. C.1.29 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. I.30 Coordinate and schedule the use of training rooms at both wastewater treatment facilities. C.1.31 Conduct community outreach and education activities including cooperative efforts with the University of Arkansas as appropriate. C.1.32 Maintain compliance with other existing environmental permits as described in Appendix F. C.1.33 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.l .34 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. 1.35 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. C.1.36 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 5 C.l .37 Operate and maintain the biosolids drying operation, which includes 6 solar houses and a thermal biosolids dryer. C.1.38 Coordinate the marketing and/or disposal of the dried biosolids produced from the drying operations as appropriate. C.1.39 Coordinate the application of alum sludge from Beaver Water District and invoicing for the services as appropriate. C. 1.40 Check the condition of and replace the odor canisters that are part of the air release valves in the collection system, as needed. The mechanical condition of these valves will be maintained by the Fayetteville Water and Sewer Division. C.1.41 Provide site monitoring activities as directed for Woolsey Wet Prairie to assure that the site continues to meet ecological performance standards. C.1.42 Provide maintenance to the White River streambank restoration site near the Biosolids Management Site, as well as support for the pending restoration site near the Noland treatment plant, as contract budget allows. C. 1.43 Reserved C. 1.44 Reserved C.1.45 Provide incidental small scale support as directed to various not -for-profit groups on issues important to the City of Fayetteville. 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 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. Appendix C - 4 of 5 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 - 5 of 5 Appendix D COMPENSATION FOR SERVICES D.1 CH2M HILL estimates that Base Fee for services, on an annual basis, under this Agreement for 2016 shall be Seven Million Eight Hundred Seventy Two Thousand, Two Hundred Thirty Five Dollars ($7,872,235). Details of said cost are shown in D.4 below. Thereafter, the Base Fee shall be negotiated each year. Should City of Fayetteville and CH2M HILL fail to agree, the Base Fee will be determined by the application of the Base Fee adjustment formula shown in Appendix I. Upon each contract year renegotiation, CI-I2M 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, five percent (5%) to any support provided to not -for-profit groups, and ten percent (10%) to all other direct costs excluding electricity. An annual fixed management fee of One Hundred Thirty Nine Thousand Eight Hundred Seventy Eight Dollars ($139,878) 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 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. D.4 For occasions when the City equipment may be used for purposes outside the scope of this contract and not for the benefit of the City, CH2M HILL agrees to reimburse the City of Fayetteville for equipment usage. The rate of reimbursement is calculated as equipment capital cost per hour use plus five percent (5%). The City of Fayetteville agrees to provide certificates of insurance evidencing proof of insurance for any equipment or vehicles used by CH2M HILL. D.5 Cost Detail - The annualized estimated costs for calendar year 2016 are listed in Table D-1. Appendix D - I of 2 Table D-1, Cost Detail 2016 Fayetteville Cost Centers WWTP WWTP WWTP WWTP Lab WWTP Lift WWTP Lake Total Cost Administration East Side West Side & IPP Station Biosolids Sequoyah 2016 & SCADA Operations Operations Program Maintenance Management Sediment Program Program Program Program Program Removal Program Direct Labor 637,683 562,822 354,878 312,618 131,183 742,664 93,722 2,835,570 Labor 95,652 84,423 53,232 46,893 19,677 111,400 14,058 425,335 Markup, 15% Direct 368,239 860,257 369,042 132,364 284,357 620,023 357,000 2,991,281 Expense Expense 36,824 86,026 36,904 13,236 28,436 62,002 35,700 299,128 Markup, 10% Electricity 505,773 321,360 353,916 1,181,049 Fixed Fee 139,872 139,872 Totals 1,278,271 2,099,300 1,135,415 505,111 $17,568 1,536,089 500,480 7,872,235 Appendix D -2 of 2 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: SCADA NODE LOCATION Generator Site Maintenance Only WW1 978 E Zion Rd (Lowe's - Zion PS) YES WW2 3500 E Mission Blvd (Timbererest PS) YES WW4 691 W Poplar St (Poplar PS - ABANDONED) YES WW5 3896 N GreggAve (GreggAve PS) YES WW6 3021 N Old Wire Rd (Old Wire PS) NO WW7 2065 N Sunshine Rd (Hamestrin PS) YES WW8 729 W North Street (North Street PS —ABANDONED) YES WW9 1236 N Porter Rd (Porter Rd PS) NO WWI0 716 N Futrall Dr (Futrall Dr PS) YES WWI 1 4412 W 6th Street (Farmington East PS -ABANDONED) YES WW 12 571 N Double Springs Road (Farmington West PS) YES WW 13 878 S Dead Horse Mountain Rd (Stonebridge PS) YES WW 14 1820 S Armstrong Ave (Industrial Park PS) YES WW 16 518 W Ernest Lancaster Dr (Airport North PS) YES WW18 210 N Sandy (Greenland PS) NO WW19 5716 E Norman Murphy Rd (MallWa non PS) YES WW20 3212 N Highway 112 — (Trucker's Drive PS - ABANDONED) YES WW22 630 N Double Sp rings Rd (Owl Creek PS) YES Appendix E - Page 1 of 4 SCADA NODE ( LOCATION Generator Site Maintenance Only WW23 440 E Fairwa Ln (Masters PS) NO WW24 265 W Ernest Lancaster Dr (Airport East PS) YES WW25 551 W Aster Ave (Willow West PS - Farmin on) YES WW27 1031 River Meadows Dr (Stonebridge Meadow Phase I PS) YES _..M. WW28 1603 Plantation Ave Herita a Villa e PS) YES WW29 390 N Cato Springs Rd (Bohannan PS - Greenland) NO WW32 478 N Duran o Place (Silverthorne PS) YES WW33 4644 N Crossover Rd (Stonewood PS - Copper Creek) YES WW34 4572 S School Ave (Aiport South PS) YES WW35 3083 W MLK Blvd (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 WW38 3710E Zion Rd Co er 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 Springlake lake Dr (Crescent Lake PS) YES WW44 6061 Dot Tipton Rd (LegacyPointe Phase 4 PS) NO 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) YES WW49 3393 E GoffFarm Rd (Meadows PS) YES WW52 485 N Broyles Ave (Broyles Ave PS) YES WW53 1396 Zion Rd (Office Park 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. 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. Appendix E - Page 2 of 4 E.1.6 The potable water SCADA system at the following locations: SCADA NODE LOCATION DESCRIPTION WI 215 W 24th St (South Mountain) Patio__n W2 844 N Crossover Rd (H land Park) Pum Station W4 1016 E Ash St Pum Station W5 707 E Ro ers Dr Pump Station W6 45613 Baxter Ln Ground Storage Tank (2 each) W7 707 E Ro ers Dr Ground Stora a Tank {2 each) W8 133 N San Ave Elevated Stora a Tank W9 1170E South S line Dr ah) Elevated Storage Tank (Mt. Sequoyah) W 10 1044 E Townshi Rd Elevated Storage Tank Wil l 3280 W Judge Cummins Rd Ground Stora a Tank (2 ea) (Kessler Mountain) W12 7001 E Mission (Hi hwa 45 Valve Pressure -Reducing Valve Station) W 13 1589 Fire Tower Road (Goshen) Pum Station and Ground Storage Tank W14 17301 Lake Se uo ah Rd (Round Mtn) Pum Station W15 14360 Round Mt Comm Church Rd Stand Pipe County Rd #55 (Round Mountain) W16 22032 Fire Tower Rd Count Rd 4343 Stand Pi a (Benson Mountain) W17 3265 N Gulle Rd Elevated Stara a Tank W18 3788 N Gulle Rd Pump Station W19 3370 S Coach Rd Pump Station W20 2098 Woodcliff Rd (5 rin dale) Sur a 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 Jo ce Blvd Valve W25 2567 E Robinson (S rin dale) Valve W27 17385 Blue S rin s Rd (Goshen) Pum Station W28 17970 Lake Se uo ah Rd Pum Station W29 Beaver Water District SCADA Interface W30 1195 N. Cantebu Rd (Cantebu Tank) Elevated Storage Tank W31 2903 E. Fla stone Cir (Stonemountain) Pum Station 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. Appendix E - Page 3 of 4 E.1.8 Provision and maintenance of RTUs at the following sites located in the City of Elkins, Arkansas: SCADA NODE LOCATION DESCRIPTION EWWi Lift Station EWI Ground Storage Tank E.l .9 Maintenance of the odor control system associated with the following lift stations: LOCATION # OF CANISTERS LS #6 - 3021 N Old Wire Rd (Old Wire) 4 LS #7 - 2065 N Sunshine Rd (Hamestring) 7 LS #12 - 571 N Double Springs Road (Farmington West) 8 LS #22 - 630 N Double Springs Rd (Owl Creek) 2 LS #52 - 485 N Bro les Ave (Bro les Ave) 2 Appendix E - Page 4 of 4 Appendix F ENVIRONMENTAL PERMITS AND PROJECT CHARACTERISTICS F.1 C112M 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 influent flow, influent BOD5, and/or suspended solids exceeds the Project design parameters which are: Noland WWTP West Side WWTP Annual Maximum A nnual Maximum Average Monthly A erage Monthly Average Avera e Flow (MGD) 11.2 16.9 10.0 17.8 DOD (lbs/d) 26,370 27,960 14,595 18,853 I TSS (lbs/d) 20,620 22,210 14,595 18,853 F.2 In the event any one of the Project influent characteristics, suspended solids, BOD5, or flow, exceeds the parameters listed above, CH2M HILL shall return the plant effluent to the characteristics required by the NPDES permit in accordance with the following schedule after Project influent characteristics return to within design parameters. Characteristics Exceeding Listed Parameters By Recovery Period Maximum 10% or Less 5 days > 10% but < 20% 10 da s 20% and Above 30 days Notwithstanding the above schedule if the failure to meet effluent quality limitations is caused by the presence of Biologically Toxic Substances or the lack of Adequate Nutrients in the influent, then CH2M HILL will have a thirty (30) day recovery period after the influent is free from said substances or contains Adequate Nutrients. F.3 CH2M HILL shall not be responsible for fines or legal action as a result of discharge violations within the period that influent exceeds design parameters, does not contain Adequate Nutrients, contains Biologically Toxic Substances (that exceed process inhibiting levels or creates concentrations exceeding application or discharge limitations), and the subsequent recovery period. F.5 The estimate Costs for services under this Agreement are based upon the following Project Appendix F - I of 2 characteristics: Annual Average Noland WWTP West Side WWTP Flow (MGD) 5.2 6.1 BOD (lbs/d) 14,091 11,932 TSS (lbs/d) 8,837 11,315 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 72-00781 AR0020010 02/28/2018 NPDES - West Side 72-01033 AR0050288 11/30/10 No Discharge Permit - Noland 72-00829 4748-WR-2 02/28/18 No Discharge Permit Biosolids Management Site 72-00829 4748-WR-3 08/01/2015 Air - Hamestring 72-01873 2179-A N/A Air - West Side 72-01033 2178-A N/A Stormwater No Exposure Certification (NEC) - Noland 72-00781 Tracking No. ARROOC377 06/30/19 Stormwater No Exposure Certification (NEC) - West Side 72-01033 Tracking No. ARROO0390 06/30/19 Appendix F - 2 of 2 Appendix C INDUSTRIAL WASTE DISCHARGES AND MONITORING PROGRAM G.I 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. 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 for City of Fayetteville signature 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 Draft new, revised, and renewal industrial waste discharge permits for the SIU's for City of Fayetteville signature. 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 inter jurisdictional 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 inter -jurisdictional agreements. G. 1.9 Prepare for City of Fayetteville signature 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 None (Best Management Practices) Fayetteville, AR 72701 Custom Powder Coating Services, Inc. Cadmium, chromium, copper, lead, nickel, 1629 W. Farmington St. silver, zinc, cyanide Fayetteville, AR 72701 Appendix G - I of 2 Industry Parameters Analyzed Elkhart Products Corporation 3265 Highway 71 South Chromium, copper, lead, nickel, zinc, oil & Fayetteville, AR 72701 grease Hiland Dairy Company 301 E. 15"' Street Biochemical oxygen demand, total suspended Fayetteville, AR 72701 solids, phosphorus, pH, oil & grease Marshalltown Company 2200 Industrial Drive Cadmium, chromium, copper, lead, nickel, Fa etteville, AR 72701 silver, zinc, cyanide Pinnacle Foods Corporation 1100 W, 15 Street Biochemical oxygen demand, total suspended Fa etteville, AR 72701 solids, phosphorus, pH, oil & grease Superior Industries International Arkansas, LLC Cadmium, chromium, copper, lead, nickel, 1901 Borick Drive silver, zinc, cyanide Fayetteville, AR 72701 Tyson Mexican Original, Inc. 2615 S. School Biochemical oxygen demand, total suspended Fa etteville, AR 72701 solids, phosphorus, pH, oil & grease Appendix G - 2 of 2 Appendix H VEHICLE AND MOBILE EQUIPMENT DESCRIPTION (ROLLING STOCK) 818 Caterpillar P5000LP Forklift West Side 3008 927 Parker 24Gooseneck Trailer Biosolids Management Site 1991 966 P.J. Trailer, 18FT Biosolids Management Site 1996 969 LO -Boy 25T-36FT Trailer Biosolids Management Site 1996 1092 Ford Explorer XLT Sediment Removal Project 2002 1274 Chevrolet Equinox West Side 2014 2156 Chevy Colorado. 4X4 Paul R Noland 2012 3820 2006 Kawasaki Mule 4x4 West Side 2006 5001 John Deere 6615 4X4 Tractor Biosolids Management Site 2007 5002 John Deere 6615 4X4 Tractor Biosolids Management Site 2007 5013 Ford/New Holland 4X4 T6030 Loader Tractor Biosolids Mana ement Site 2009 5022 Case Maxxum 125 4X4 Loader Tractor Biosolids Management Site 2011 5023 5024 H&S S reader R&R 35' Manurc'Littcr Convc or Biosolids Management Site Biosolids Management Site 201 2011 5025 R&R 35' ManurelLitter Conve or Biosolids Mana ement Site 2011 5030 New Tolland H5920 Ha Rake Biosolids Management Site 2011 5031 John Deere MQCO6030 Disebine Biosolids Management Site 2012 5032 New Holland BR740 Round Baler Biosolids Management Site 2012 Appendix H - I of 2 _ ......._ 5033 .._ ............._.............. _ _ .........._ ........ ___ ......_ New Holland BB9060 S uare Baler Biosolids Management Site ..............::...: 2012 5034 Rhino RI 80 Cutter Biosolids Management Site 2012 5037 New Holland BR7060 Round Baler Biosolids Management Site 2012 5044 John Deere 630 Mower Conditioner Biosolids Management Site 2014 5045 John Deere 630 Mower Conditioner Biosolids Management Site 2014 5057 Ford/New Holland Workmastcr 55 4X4 Tractor Biosolids Management Site 2015 5058 Ford/New Holland T6.155 4X4 Loader Tractor Biosolids Management Site 2015 5059 John Deere 615D 4X4 Loader Tractor Biosolids Management Site 2015 9025 Volvo Penta 400 KW Generator Lift Stationl2 2001 9034 Yale 5000# Fork Lift Paul R Noland 2002 9088 Lufkin ULD-38 Trailer West Side 2006 9111 Clement Star -Litt Trailer Paul R Noland 2009 9124 Thompson 6" Diesel Power Pump/Trailer Paul R Noland 2009 9193 Clement Starlite End Dump Trailer Biosolids Management Site 2015 9142 Aulick 42' Belted Trailer Biosolids Management Site 2011 9165 Clement Star-lite Trailer Biosolids Management Site 2013 9166 Clement Star-lite Trailer Biosolids Management Site 2013 1093U Ford Explorer Paul R Noland 2002 2080U Chevy Silverado 4X4 Extended Cab Biosolids Management Site 2005 Parkson Electronic Mole— Billy Biosolids Management Site 2011 Parkson Electronic Mole — Cricket Biosolids Management Site 2011 Parkson Electronic Mole — Goofy Biosolids Management Site 2011 Parkson Electronic Mole _ Jurgens Biosolids Management Site 2011 Parkson Electronic Mole -- Tiny Tim Biosolids Management Site 2011 Parkson Electronic Mole — Trick Biosolids Management Site 2011 Portable Generator for Lifistations Paul R Noland 2005 Appendix H - 2 of 2 Appendix I BASE FEE ADJUSTMENT Electrical costs will be adjusted by actual increases from power supplier. I.2 The Base Fee adjustment formula is as follows: Where: ABF=BFx(1 —AF) BF Base Fee specified in Appendix D ABF Adjusted Base Fee AF Adjustment Factor as determined by the formula: AF = .5 (ECI + CPI) ECI = The twelve month percent change (from the third quarter of the prior year to the third quarter in the current year) in the Employment Cost Index for Total Compensation for Civilian Workers, Not Seasonally Adjusted as published by U. S. Department of Labor, Bureau of Labor Statistics in the Detailed Report Series ID: CIU1010000000000A. CPI = The twelve month percent change (from October of the prior year to October of the current year) in the Consumer Price Index for All Urban Consumers, Not Seasonally Adjusted as published by U.S. Department of Labor, Bureau of Labor Statistics in the CP1 Detailed Report Series Id: CUUR000SA0. Appendix I - 1 of I Appendix J LAKE SEQUOYAH DREDGING PROJECT — SCOPE OF WORK Lake Sequoyah has accumulated approximately 5 billion pounds of sediment over the past 50 years. Nearly 1% or 4 million pounds of the sediment is phosphorus. The accumulated sediment decreases the lake capacity as a sediment and phosphorus trap as well as severely curtails the recreation uses of the lake. At the request of the City of Fayetteville, CH2M HILL staff planned for a large scale dredging pilot on Lake Sequoyah in 2012. The purpose of this study was to develop a sustainable approach for a full scale dredging project that will meet all regulatory and implementation objectives. The dredging pilot study began in September 2012, which involved pumping of several hundred thousand gallons of lake sediment and capturing several hundred cubic yards of dried sediment. In 2013, the CH2M HILL O&M budget included funding for the initiation of the full scale maintenance dredging of Lake Sequoyah. Primary objectives for the additional scope include beginning the process of developing the necessary design, processes and permitting of the of the full scale dredging project. CH2M HILL will continue to make progress as time and resources allow in 2016 with the following goals: • Maintain all authorization(s) and/or permit(s) pertaining to the Lake Sequoyah Sediment Removal Project for: o Removing sediment from Lake Sequoyah o Filling-dewatering geobags with removed sediment to the extent practical o Constructing project infrastructure to the extent practical • Oversee Project Quality Assurance and Health & Safety Programs for all aspects of the Lake Sequoyah Sediment Removal Project • Using Adaptive Management, Update Project Planning & Long-term Strategies; Implement Project Goals; Oversee Project Coordination; Ensure Quality & Safety Assurances • Implement and/or construct selected sediment containment & dewatering facilities • Establish contracts for equipment rental and necessary sub -contract agreements, make recommendations for capital purchases, or an appropriate combination of these activities • Identify preliminary means of sediment beneficial reuse or sale The dredging project is expected to remove most of the accumulated sediment from the lake over the next 10-15 years, but will likely continue in a reduced fashion beyond that horizon as new sediment is trapped within the lake over that same time period. Appendix J - I of I 2016 Favetteville Cost Centers WWTP WWTP East Side WWTP West WWTP Lift Biosolids Lake Sequoyah Administration Operations Side WWTP Lab & Station Management Sediment Total Cost 2016 & SCADA Program Operations IPP Program Maintenance Program Removal Program Program Program Program Direct Labor 637,683 562,822 354,878 312,618 131,183 742,664 93,722 2,835,570 Labor Markup, 15% 95,652 84,423 53,232 46,893 19,677 111,400 14,058 425,335 Direct Expense 368,239 860,257 369,042 132,364 284,357 620,023 357,000 2,991,281 Expense Markup, 10% 36,824 86,026 36,904 13,236 28,436 62,002 35,700 299,128 Electricity 505,773 321,360 353,916 1,181,049 Fixed Fee 139,872 139,872 Totals 1,278,271 2,099,300 1,135,415 505,111 817,568 1,536,089 500,480 7,872,235 AMENDMENT NO. 7 TO AGREEMENT For OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And CH2M HILL ENGINEERS, INC. THIS AMENDMENT NO. 7 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 Pt day of January, 2016, 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 A is attached for informational purposes only. 2. Appendix B is attached for informational purposes only. 3. Appendix C is hereby deleted in its entirety and replaced with the attached Appendix C. 4. Appendix D is hereby deleted in its entirety and replaced with the attached Appendix D. 5. Appendix E is hereby deleted in its entirety and replaced with the attached Appendix E. 6. Appendix F is attached for informational purposes only. 7. Appendix G is hereby deleted in its entirety and replaced with the attached Appendix G. 8. Appendix H is hereby deleted in its entirety and replaced with the attached Appendix H. 9. Appendix I is attached for informational purposes only. 10. Appendix J is hereby deleted in its entirety and replaced with the attached Appendix J. This Amendment No. 7, together with prior Amendments and the Agreement, constitutes the entire agreement between the Parties and supersedes all prior oral and written understandings with respect to the subject matter set forth herein. Unless specifically stated all other terms and conditions of the Agreement shall remain in full force and effect. Neither this Amendment nor the Agreement may be modified except in writing signed by an authorized representative of the Parties. 1 of2 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. By: �� 1 •� S?�t,-. Name: Scott Neelley Title: Senior Designated Manager Date: I' /3u / I S CITY OF F'4TT VI E, ARKANSAS Na e: Lioneld , Mayor Title: Mayor Date: / -- / — 14J ATTEST: By: Name: Sondra Smith Title: City Clerk Date: 1,,2-1-15 2 of 2 Appendix A LIST OF APPENDICES Appendix A — List of Appendices Appendix B — Definitions Appendix C — Scope of Services Appendix D — Compensation for Services Appendix E — Location of Project Appendix F — Environmental Permits and Project Characteristics Appendix G — Industrial Waste Discharges and Monitoring Program Appendix H — Vehicle and Mobile Equipment Description (Rolling Stock) Appendix I — Base Fee Adjustment Appendix J - Lake Sequoyah Dredging Project — Scope of Work Appendix A - 1 of 1 Appendix B DEFINITIONS B.1 "Adequate Nutrients" means plant influent nitrogen, phosphorus and iron contents proportional to BOD5 in the ratio of five (5) parts nitrogen, one (1) part phosphorus, and one half (0.5) part iron for each one hundred (100) parts BOD5. B.2 "Base Fee" means all costs within the scope of the contract, on an annual basis, including direct costs, labor, utilities, and other allocated costs. B.3 "Biologically Toxic Substances" means any substance or combination of substances contained in the plant influent in sufficiently high concentrations so as to interfere with the biological processes necessary for the removal of the organic and chemical constituents of the wastewater required to meet the discharge requirements of City of Fayetteville's NPDES permit. Biologically toxic substances include but are not limited to heavy metals, phenols, cyanides, pesticides, and herbicides. B.4 "Capital Expenditures" means any expenditures for (1) the purchase of new equipment or facility items that cost more than Ten Thousand Dollars ($10,000); or (2) major repairs which significantly extend equipment or facility service life and cost more than Ten Thousand Dollars ($10,000); or (3) expenditures that are planned, non -routine and budgeted by City of Fayetteville. B.5 "Cost" means the total of all costs determined on an accrual basis in accordance with generally accepted accounting principles including but not limited to direct labor, insurance, labor overhead, chemicals, materials, supplies, utilities, equipment, maintenance, repair, and outside services. B.6 "Electrical Evaluation" will be limited to amperage draws, winding resistance measurements, thermographic evaluations, and current and voltage imbalance. B.7 "Fixed Asset" means any tangible property that has a value of Five Thousand Dollars ($5,000) or more and is depreciable. This excludes the repair/replacement parts that are components of a greater fixed asset. B.8 "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.9 "Out of scope" services will include "capital expenditures" (definition B.4 of this Appendix), added or modified regulatory requirements (that are not contained in the applicable permits), changes to improve efficiency and/or generate income, or other services not described in the contract and requested by the City of Fayetteville. 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.10 "Project" means all equipment, vehicles, grounds and facilities described in Appendix E and where appropriate, the management, operations and maintenance of such. Appendix B - 1 of 2 B.11 "Repairs" means the cost of those non-routine/non-repetitive activities required for operational continuity, safety, and performance generally due to failure or to avert a failure of the equipment, sewer, vehicle, or facility or some component thereof, cost less than ten thousand dollars ($10,000); and are not included in definition B.4 of this Appendix. "Repairs" exclude cost of repair parts caused by storm damage to the supervisory control and data acquisition (SCADA) system. Appendix B - 2 of 2 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. C.1.6 Pay all costs incurred within the scope of normal Project operations as defined in this Agreement. C.1.7 Staff the Project with a minimum of three (3) Arkansas Class IV Wastewater licensed operators. C.1.8 Prepare all NPDES permit and other pertinent regulatory reports, letters, or other correspondence, and submit these to city of Fayetteville for signature and approval. Transmittal to appropriate agencies shall be done by CH2M HILL, except for electronic reporting via NETDMR. 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. Appendix C - 1 of 5 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 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. 11. C. 1.21 Maintain 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 Verify the capacity and efficiency of each sewer lift station once per calendar year. C. 1.23 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 5 • Proposed capital recovery schedule • Impact of early termination C.1.24 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. 1.25 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-two percent (22%). C. 1.26 Provide City of Fayetteville with oral and written reports as requested. C. 1.27 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. 1.28 Conduct annual electrical evaluations of electrical units of 25 horsepower or more which operate at supply voltages of 480V or less to ground. C. 1.29 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.1.30 Coordinate and schedule the use of training rooms at both wastewater treatment facilities. C.1.31 Conduct community outreach and education activities including cooperative efforts with the University of Arkansas as appropriate. C.1.32 Maintain compliance with other existing environmental permits as described in Appendix F. C.1.33 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. 1.34 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.1.35 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. C.1.36 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 5 C.1.37 Operate and maintain the biosolids drying operation, which includes 6 solar houses and a thermal biosolids dryer. C.1.38 Coordinate the marketing and/or disposal of the dried biosolids produced from the drying operations as appropriate. C.1.39 Coordinate the application of alum sludge from Beaver Water District and invoicing for the services as appropriate. C. 1.40 Check the condition of and replace the odor canisters that are part of the air release valves in the collection system, as needed. The mechanical condition of these valves will be maintained by the Fayetteville Water and Sewer Division. C. 1.41 Provide site monitoring activities as directed for Woolsey Wet Prairie to assure that the site continues to meet ecological performance standards. C.1.42 Provide maintenance to the White River streambank restoration site near the Biosolids Management Site, as well as support for the pending restoration site near the Noland treatment plant, as contract budget allows. C.1.43 Reserved C. 1.44 Reserved C. 1.45 Provide incidental small scale support as directed to various not -for-profit groups on issues important to the City of Fayetteville. 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 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. Appendix C -4 of 5 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 -5 of 5 Appendix D COMPENSATION FOR SERVICES D. 1 CH2M HILL estimates that Base Fee for services, on an annual basis, under this Agreement for 2016 shall be Seven Million Eight Hundred Seventy Two Thousand, Two Hundred Thirty Five Dollars ($7,872,235). Details of said cost are shown in D.4 below. Thereafter, the Base Fee shall be negotiated each year. Should City of Fayetteville and CH2M HILL fail to agree, the Base Fee will be determined by the application of the Base Fee adjustment formula shown in Appendix I. Upon each contract year renegotiation, CH2M HILL shall continue to invoice City of Fayetteville at the previous amount until the new contract year price is agreed upon. Upon written notice, agreement between the parties as to the new contract year Base Fee, CH2M HILL shall issue an invoice retroactively adjusting the previous Base Fee amount. 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, five percent (5%) to any support provided to not -for-profit groups, and ten percent (10%) to all other direct costs excluding electricity. An annual fixed management fee of One Hundred Thirty Nine Thousand Eight Hundred Seventy Eight Dollars ($139,878) 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 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. D.4 For occasions when the City equipment may be used for purposes outside the scope of this contract and not for the benefit of the City, CH2M HILL agrees to reimburse the City of Fayetteville for equipment usage. The rate of reimbursement is calculated as equipment capital cost per hour use plus five percent (5%). The City of Fayetteville agrees to provide certificates of insurance evidencing proof of insurance for any equipment or vehicles used by CH2M HILL. D.5 Cost Detail - The annualized estimated costs for calendar year 2016 are listed in Table D-1. Appendix D - 1 of 2 Table D-1, Cost Detail 2016 Fayetteville Cost Centers WWTP WWTP WWTP WWTP Lab WWTP Lift WWTP Lake Total Cost Administration East Side West Side & IPP Station Biosolids Sequoyah 2016, & SCADA Operations Operations Program Maintenance Management Sediment Program Program Program Program Program Removal Program Direct Labor 637,683 562,822 354,878 312,618 131,183 742,664 93,722 2,835;570 Labor 95,652 84,423 53,232 46,893 19,677 111,400 14,058 425,335 Markup, 15% Direct 368,239 860,257 369,042 132,364 284,357 620,023 357,000 .;:2,991,281 Expense Expense 36,824 86,026 36,904 13,236 28,436 62,002 35,700 299,128 Markup, 10% Electricity 505,773 321,360 353,916 1,181,049 Fixed Fee 139,872 139,872 Totals- 1,278,271 2,099,300 1,135,415 505,111- 817,568 1,536,089 ' 500,480 7,872,235 Appendix D - 2 of 2 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: SCADA NODE LOCATION Generator Site Maintenance Only WW1 978 E Zion Rd (Lowe's — Zion PS) YES WW2 3500 E Mission Blvd (Timbercrest PS) YES WW4 691 W Poplar St (Poplar PS - ABANDONED) YES WV/5 3896 N Gregg Ave (Gregg Ave PS) YES WW6 3021 N Old Wire Rd (Old Wire PS) NO WW7 2065 N Sunshine Rd (Hamestring PS) YES WW8 729 W North Street (North Street PS —ABANDONED) YES WW9 1236 N Porter Rd (Porter Rd PS) NO WW10 716 N Futrall Dr (Futrall Dr PS) YES WW1 1 4412 W 6th Street (Farmington East PS —ABANDONED) YES WW12 571 N Double Springs Road (Farmington West PS) YES WW13 878 S Dead Horse Mountain Rd (Stonebridge PS) YES WW14 1820 S Armstrong Ave (Industrial Park PS) YES WW16 518 W Ernest Lancaster Dr (Airport North PS) YES WW18 210 N Sandy (Greenland PS) NO WW19 5716 E Norman Murphy Rd (Mally Wagnon PS) YES WW20 3212 N Highway 112 — (Trucker's Drive PS - ABANDONED) YES WW22 630 N Double Springs Rd (Owl Creek PS) YES Appendix E - Page 1 of 4 SCADA NODE LOCATION Generator Site Maintenance Only WW23 440 E Fairway Ln (Masters PS) NO WW24 265 W Ernest Lancaster Dr (Airport East PS) YES WW25 551 W Aster Ave (Willow West PS - Farmington) YES WW27 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) NO WW32 478 N Durango Place (Silverthome PS) YES WW33 4644 N Crossover Rd (Stonewood PS - Copper Creek) YES WW34 4572 S School Ave (AirportSouth PS) YES WW35 3083 W MLK Blvd (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 WW38 3710 E Zion Rd (Copper Creek Phase II PS) YES WW39 2392 N Kenswick Ave (Crofton Manner PS) YES WW40 1811 S Cherry Hills Dr (Stone Bridge Meadow Phase II PS) YES WW41 1608 S Springlake Dr (Crescent Lake PS) YES WW44 6061 Dot Tipton Rd (Legacy Pointe Phase 4 PS) NO WW45 4451 N Waterside Ct (Timberlake Office Park PS) YES WW46 3788 E Spyglass Hill Dr (Stonebridge Meadows Phase V PS) YES WW47 3601 E Albright Rd (Embry Acres PS) YES WW48 2435 S Dead Horse Mountain Rd (McDonald PS) YES WW49 3393 E Goff Farm Rd (Meadows PS) YES WW52 485 N Broyles Ave (Broyles Ave PS) YES WW53 1396 Zion Rd (Office Park PS) YES 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. 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. Appendix E - Page 2 of 4 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. Sequoyah) W10 1044 E Township Rd Elevated Storage Tank W 11 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 Sequoyah 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 W27 17385 Blue Springs Rd (Goshen) Pump Station W28 17970 Lake Sequoyah Rd Pump Station W29 Beaver Water District SCADA Interface W30 1195 N. Cantebury Rd (Cantebury Tank) Elevated Storage Tank W31 2903 E. Flagstone Cir (Stonemountain) Pump Station 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. Appendix E - Page 3 of 4 E.1.8 Provision and maintenance of RTUs at the following sites located in the City of Elkins, Arkansas: SCADA NODE LOCATION DESCRIPTION EWW1 Lift Station EW 1 Ground Storage Tank E.1.9 Maintenance of the odor control system associated with the following lift stations: LOCATION # OF CANISTERS LS #6 - 3021 N Old Wire Rd (Old Wire) 4 LS #7 - 2065 N Sunshine Rd (Hamestring) 7 LS #12 - 571 N Double Springs Road (Farmington West) 8 LS #22 - 630 N Double Springs Rd (Owl Creek) 2 LS #52 - 485 N Broyles Ave (Broyles Ave) 2 Appendix E - Page 4 of 4 Appendix F ENVIRONMENTAL PERMITS AND PROJECT CHARACTERISTICS F.1 CH2M HILL will operate Project so that effluent will meet the requirement of NPDES permit No. AR0020010 and AR0050288. CH2M HILL shall be responsible for meeting the effluent quality requirements of City of Fayetteville's NPDES 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 influent flow, influent BOD5, and/or suspended solids exceeds the Project design parameters which are: Noland WWTP West Side WWTP Annual Maximum nnual Maximum Average Monthly Average rage 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.2 In the event any one of the Project influent characteristics, suspended solids, BOD5, or flow, exceeds the parameters listed above, CH2M HILL shall return the plant effluent to the characteristics required by the NPDES permit in accordance with the following schedule after Project influent characteristics return to within design parameters. Characteristics Exceeding Listed Parameters By Recovery Period Maximum 10% or Less 5 days > 10% but < 20% 10 days 20% and Above 30 days Notwithstanding the above schedule if the failure to meet effluent quality limitations is caused by the presence of Biologically Toxic Substances or the lack of Adequate Nutrients in the influent, then CH2M HILL will have a thirty (30) day recovery period after the influent is free from said substances or contains Adequate Nutrients. F.3 CH2M HILL shall not be responsible for fines or legal action as a result of discharge violations within the period that influent exceeds design parameters, does not contain Adequate Nutrients, contains Biologically Toxic Substances (that exceed process inhibiting levels or creates concentrations exceeding application or discharge limitations), and the subsequent recovery period. F.5 The estimate Costs for services under this Agreement are based upon the following Project Appendix F - 1 of 2 characteristics: Annual Average Noland WWTP West Side WWTP Flow (MGD) 5.2 6.1 BOD (lbs/d) 14,091 11,932 TSS (lbs/d) 8,837 11,315 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 72-00781 AR0020010 02/28/2018 NPDES - West Side 72-01033 AR0050288 11/30/10 No Discharge Permit - Noland 72-00829 4748-WR-2 02/28/18 No Discharge Permit — Biosolids Management Site 72-00829 4748-WR-3 08/01/2015 Air - Hamestring 72-01873 2179-A N/A Air - West Side 72-01033 2178-A N/A Stormwater No Exposure Certification (NEC) - Noland 72-00781 Tracking No. ARROOC377 06/30/19 Stormwater No Exposure Certification (NEC) - West Side 72-01033 Tracking No. ARR000390 06/30/19 Appendix F - 2 of 2 Appendix G INDUSTRIAL WASTE DISCHARGES AND MONITORING PROGRAM G. 1 CH2M HILL shall: Administer the Industrial Pretreatment Program in accordance with 40 CFR 403. Administration shall include: G.1.1 Maintain the industrial waste sampling and analysis program for pretreatment and surcharge, as described in G.3. G. 1.2 Monitor the compliance status of the current Significant Industrial Users (SIU's) through sampling, analysis, inspection, and record reviews. 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 for City of Fayetteville signature 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 Draft new, revised, and renewal industrial waste discharge permits for the SIU's for City of Fayetteville signature. 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 inter jurisdictional 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 inter jurisdictional agreements. G.1.9 Prepare for City of Fayetteville signature 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 None (Best Management Practices) Fayetteville, AR 72701 Custom Powder Coating Services, Inc. Cadmium, chromium, copper, lead, nickel, 1629 W. Farmington St. silver, zinc, cyanide Fayetteville, AR 72701 Appendix G- 1 of 2 Industry Parameters Analyzed Elkhart Products Corporation Chromium, copper, lead, nickel, zinc, oil & 3265 Highway 71 South Fayetteville, AR 72701 grease Hiland Dairy Company Biochemical oxygen demand, total suspended 301 E. 15t'' Street solids, phosphorus, pH, oil & grease Fayetteville, AR 72701 Marshalltown Company Cadmium, chromium, copper, lead, nickel, 2200 Industrial Drive silver, zinc, cyanide Fayetteville, AR 72701 Pinnacle Foods Corporation Biochemical oxygen demand, total suspended 1100 W, 15thStreet 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 Mexican Original, Inc. Biochemical oxygen demand, total suspended 2615 S. School solids, phosphorus, pH, oil & grease Fayetteville, AR 72701 Appendix G - 2 of 2 Appendix H VEHICLE AND MOBILE EQUIPMENT DESCRIPTION (ROLLING STOCK) Unit # Unit Description Location Year 85U 1998 Ford F-800 Flatbed Biosolids Management Site 1998 325U Ford F350 Super Duty, Reg. Cab Paul R Noland 2000 339 Ford F-350, Flatbed Biosolids Management Site 2002 376 Ford F550 Super Duty/Crane, Crew Cab Biosolids Management Site 2012 382 Ford F550 Super Duty/Crane, Crew Cab Biosolids Management Site 2015 566 Ford/New Holland LS55 Lawn Tractor Biosolids Management Site 1999 570 New Holland 8670 Tractor Biosolids Management Site 2000 695 Bobcat Skidsteer Loader Biosolids Management Site 2011 696 Caterpillar 420E Backhoe Biosolids Management Site 2012 727U Dump Truck Paul R Noland 1995 741U Mack Semi Tractor Biosolids Management Site 1996 751 Sterling LT9500 Semi Tractor Biosolids Management Site 2006 766 Kenworth T800 Semi Tractor Biosolids Management Site 2011 768 Kenworth T470 (Spreader) Biosolids Management Site 2012 770 Kenworth T800 Semi Tractor Biosolids Management Site 2013 771 Kenworth T800 Semi Tractor Biosolids Management Site 2013 806 Case 1150G Bulldozer Biosolids Management Site 1995 818 Caterpillar P5000LP Forklift West Side 2008 927 Parker 24' Gooseneck Trailer Biosolids Management Site 1991 966 P.J. Trailer, 18FT Biosolids Management Site 1996 969 LO -Boy 25T-36FT Trailer Biosolids Management Site 1996 1092 Ford Explorer XLT Sediment Removal Project 2002 1274 Chevrolet Equinox West Side 2014 2156 Chevy Colorado, 4X4 Paul R Noland 2012 3820 2006 Kawasaki Mule 4x4 West Side 2006 5001 John Deere 6615 4X4 Tractor Biosolids Management Site 2007 5002 John Deere 6615 4X4 Tractor Biosolids Management Site 2007 5012 Ford/New Holland 4X4 T6030 Loader Tractor Biosolids Management Site 2009 5022 Case Maxxum 125 4X4 Loader Tractor Biosolids Management Site 2011 5023 H&S Spreader Biosolids Management Site 2011 5024 R&R 35' Manure/Litter Conveyor Biosolids Management Site 2011 5025 R&R 35' Manure/Litter Conveyor Biosolids Management Site 2011 5030 New Holland H5920 Hay Rake Biosolids Management Site 2011 5031 John Deere MOCO6030 Discbine Biosolids Management Site 2012 5032 New Holland BR740 Round Baler Biosolids Management Site 2012 Appendix H - 1 of 2 5033 New Holland BB9060 Square Baler Biosolids Management Site 2012 5034 Rhino R180 Cutter Biosolids Management Site 2012 5037 New Holland BR7060 Round Baler Biosolids Management Site 2012 5044 John Deere 630 Mower Conditioner Biosolids Management Site 2014 5045 John Deere 630 Mower Conditioner Biosolids Management Site 2014 5057 Ford/New Holland Workmaster 55 4X4 Tractor Biosolids Management Site 2015 5058 Ford/New Holland T6.155 4X4 Loader Tractor Biosolids Management Site 2015 5059 John Deere 615D 4X4 Loader Tractor Biosolids Management Site 2015 9025 Volvo Penta 400 KW Generator Lift Station12 2001 9034 Yale 5000# Fork Lift Paul R Noland 2002 9088 Lufkin ULD-38 Trailer West Side 2006 9111 Clement Star-Lite Trailer Paul R Noland 2009 9124 Thompson 6" Diesel Power Pump/Trailer Paul R Noland 2009 9193 Clement Starlite End Dump Trailer Biosolids Management Site 2015 9142 Aulick 42' Belted Trailer Biosolids Management Site 2011 9165 Clement Star-lite Trailer Biosolids Management Site 2013 9166 Clement Star-lite Trailer Biosolids Management Site 2013 1093U Ford Explorer Paul R Noland 2002 2080U Chevy Silverado 4X4 Extended Cab Biosolids Management Site 2005 Parkson Electronic Mole — Billy Biosolids Management Site 2011 Parkson Electronic Mole — Cricket Biosolids Management Site 2011 Parkson Electronic Mole — Goofy Biosolids Management Site 2011 Parkson Electronic Mole — Jurgens Biosolids Management Site 2011 Parkson Electronic Mole — Tiny Tim Biosolids Management Site 2011 Parkson Electronic Mole — Trick Biosolids Management Site 2011 Portable Generator for Liftstations Paul R Noland 2005 Appendix H - 2 of 2 Appendix I BASE FEE ADJUSTMENT I.1 I.2 Electrical costs will be adjusted by actual increases from power supplier. The Base Fee adjustment formula is as follows: Where: BF = ABF = AF = ECI = CPI = ABF=BFx(1+AF) Base Fee specified in Appendix D Adjusted Base Fee Adjustment Factor as determined by the formula: AF = .5 (ECI + CPI) The twelve month percent change (from the third quarter of the prior year to the third quarter in the current year) in the Employment Cost Index for Total Compensation for Civilian Workers, Not Seasonally Adjusted as published by U. S. Department of Labor, Bureau of Labor Statistics in the Detailed Report Series ID: CIU1010000000000A. 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: CUUR000SAO. Appendix I - 1 of 1 Appendix J LAKE SEQUOYAH DREDGING PROJECT — SCOPE OF WORK Lake Sequoyah has accumulated approximately 5 billion pounds of sediment over the past 50 years. Nearly 1% or 4 million pounds of the sediment is phosphorus. The accumulated sediment decreases the lake capacity as a sediment and phosphorus trap as well as severely curtails the recreation uses of the lake. At the request of the City of Fayetteville, CH2M HILL staff planned for a large scale dredging pilot on Lake Sequoyah in 2012. The purpose of this study was to develop a sustainable approach for a full scale dredging project that will meet all regulatory and implementation objectives. The dredging pilot study began in September 2012, which involved pumping of several hundred thousand gallons of lake sediment and capturing several hundred cubic yards of dried sediment. In 2013, the CH2M HILL O&M budget included funding for the initiation of the full scale maintenance dredging of Lake Sequoyah. Primary objectives for the additional scope include beginning the process of developing the necessary design, processes and permitting of the of the full scale dredging project. CH2M HILL will continue to make progress as time and resources allow in 2016 with the following goals: • Maintain all authorization(s) and/or permit(s) pertaining to the Lake Sequoyah Sediment Removal Project for: o Removing sediment from Lake Sequoyah o Filling-dewatering geobags with removed sediment to the extent practical o Constructing project infrastructure to the extent practical • Oversee Project Quality Assurance and Health & Safety Programs for all aspects of the Lake Sequoyah Sediment Removal Project • Using Adaptive Management, Update Project Planning & Long-term Strategies; Implement Project Goals; Oversee Project Coordination; Ensure Quality & Safety Assurances • Implement and/or construct selected sediment containment & dewatering facilities • Establish contracts for equipment rental and necessary sub -contract agreements, make recommendations for capital purchases, or an appropriate combination of these activities • Identify preliminary means of sediment beneficial reuse or sale The dredging project is expected to remove most of the accumulated sediment from the lake over the next 10-15 years, but will likely continue in a reduced fashion beyond that horizon as new sediment is trapped within the lake over that same time period. Appendix J- 1 of 1