HomeMy WebLinkAbout196-16 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 196-16
File Number: 2016-0450
CH2M HILL ENGINEERS, INC. CHANGE ORDER:
A RESOLUTION TO APPROVE A CHANGE ORDER TO THE OUT -OF -SCOPE AGREEMENT WITH
CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF $30,000.00 TO CONTINUE WORK ON A USE
ATTAINABILITY ANALYSIS FOR THE WHITE RIVER, AND TO APPROVE A BUDGET
ADJUSTMENT.
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 a change order to
the contract with CH2M Hill Engineers, Inc., a copy of which is attached to this Resolution, in the amount
of $30,000.00 to continue work on a Use Attainability Analysis for the White River.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 11/1/2016
Attest:
approves a budget
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Sondra E. Smith, City Clerk Treasurer
Page 1 Printed on 1112116
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
�i
Text File
File Number: 2016-0450
Agenda Date: 11/1/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 6
CH2M HILL ENGINEERS, INC. CHANGE ORDER:
A RESOLUTION TO APPROVE A CHANGE ORDER TO THE OUT -OF -SCOPE AGREEMENT
WITH CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF $30,000.00 TO CONTINUE WORK
ON A USE ATTAINABILITY ANALYSIS FOR THE WHITE RIVER, AND TO APPROVE A
BUDGET ADJUSTMENT
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 a change order
to the contract with CH2M Hill Engineers, Inc., a copy of which is attached to this Resolution, in the
amount of $30,000.00 to continue work on a Use Attainability Analysis for the White River.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 11/2/2016
City of Fayetteville Staff Review Form
Legistar File ID
11/1/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 10/14/2016 Wastewater Treatment Plant/
Utilities Department
Submitted By Submitted Date Division / Department
Action Recommendation:
A Resolution approving a Change Order to an Out -of -Scope Agreement with CH21Vl Hill Engineers, Inc. in the
amount of $30,000 to continue work on a Use Attainability Analysis (UAA) for the White River, and approving a
Budget Adjustment.
5400.720.5700-5315.00
Account Number
11014.1101
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? Yes
Previous Ordinance or Resolution # 19-13
Original Contract Number: 2160
Comments:
Budget Impact:
Approval Date:
V20140710
Water & Sewer
Fund
White River NPDES UAA and APCEC Action
Project Title
Current Budget
$
60,236.00
Funds Obligated
$
60,235.74
Current Balance
Item Cost
$
30,000.00
Budget Adjustment
$
30,000.00
Remaining Budget
S
0 26
Approval Date:
V20140710
CITY OF
T N*
aya Ile
ARKANSAS
MEETING OF NOVEMBER 1, 2016
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Water & Sewer Committee
FROM: Tim Nyander, Utilities Director
DATE: October 14, 2016
CITY COUNCIL AGENDA MEMO
SUBJECT: Approval of a Change Order to an Out -of -Scope Agreement with CH2M Hill
Engineers, Inc. in the amount of $30,000 to continue work on a Use Attainability
Analysis (UAA) for the White River, and approval of a Budget Adjustment
RECOMMENDATION:
City staff recommends a Resolution approving a Change Order to an Out -of -Scope Agreement
with CH2M Hill Engineers, Inc. in the amount of $30,000 to continue work on a Use Attainability
Analysis (UAA) for the White River, and approving a Budget Adjustment.
BACKGROUND:
A former revision to the Out -of -Scope Agreement with CH2M Hill Engineers, Inc. was passed by
Resolution 19-13 on February 5, 2013 in the amount of $154,550.00.
DISCUSSION:
This amendment covers work estimated to be required to carry this process through EPA
Region 6 approval, completing the third party rulemaking process. Due to circumstances
beyond the control of the City and the consultant team, the project has taken longer and
required more work than expected. While the science is relatively definable, the regulatory
questions and actions required to meet evolving requirements are less easy to define.
BUDGET/STAFF IMPACT:
Budgeted funds will be moved from the Wastewater Treatment, Water Quality Improvements
project to the White River NPDES UAA and APCEC Action, Use Attainability Analysis project.
ATTACHMENTS:
Staff Review Form
Budget Adjustment
Out of Scope Letter Agreement
Resolution 48-11
Resolution 19-13
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
October 14, 2016
Mr. Tim Nyander
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Subject: Out of Scope Letter Agreement Revisions
Dear Tim:
0121V
A.. n� 0i
svy: i!
Previously, we agreed to have CH2M HILL Engineers, Inc. (CH2M HILL) provide
certain Out of Scope services in a letter dated March 4, 2011 and as per the Operations,
Maintenance and Management Agreement dated December 15, 2009, executed between
the Parties. Under that Out of Scope Letter dated March 4, 2011, the parties needed to
agree in writing when CH2M HILL had revisions to the approved ADEQ work plan or
to the price.
CH2M HILL respectfully requests a change order in the amount of $30,000 for the
completion of the Use Attainability Analysis (UAA) on the White River segment that the
City of Fayetteville's Paul R. Noland Wastewater Treatment Plant (WWTP) discharges
into. The UAA addresses the current Arkansas site-specific criteria for minerals (chloride,
sulfate, and total dissolved solids).
The field studies and data collection outlined in the agency approved UAA Study Plan,
dated May 2011, have been completed. The UAA draft report was submitted to the
Arkansas Department of Environmental Quality (ADEQ) on August 27, 2012. The City
received written comments from ADEQ on October 22, 2012. The City provided ADEQ an
initial response to comments on November 21, 2012. The revised report, White River Use
Attainabilihj Analysis - Fayetteville, Arkansas, was submitted to ADEQ on May 21, 2013.
On June 10, 2013, ADEQ sent a letter to the City of Fayetteville requesting assessment of
the UAA in consideration of the proposed Act 954. CH2M HILL conducted the analyses
and submitted a Technical Memorandum to the City to forward to ADEQ in response to
ADEQ's request. The Technical Memorandum was submitted to ADEQ on July 24, 2013.
Page 2
Out of Scope Letter Agreement Revisions
On October 11, 2013, the Mitchell Williams law firm filed a petition on behalf of the City
of Fayetteville to initiate Third -Party Rulemaking to amend Regulation No. 2, Water
Quality Standards, pursuant to the revised UAA report dated May 21, 2013. The petition
was reviewed by the Arkansas Pollution Control and Ecology Commission's
Regulations Committee on October 25, 2013. The Regulations Committee recommended
the Commission consider adopting the proposed revision and proposed that the first
public hearing be held during the week of February 10, 2014. The public hearing was
held at the Fayetteville Public Library on February 13, 2014.
Written public comments in response to the public hearing were received February 27,
2014. ADEQ submitted a comment requesting the proposed minerals criteria be re-
evaluated to insure they reflect instream concentrations based on either the submitted
data, or the minerals concentrations measured over the past 23 years in monitoring data.
Since then, a significant amount of technical analyses has been performed to address this
comment, including the modeling of effluent minerals concentrations that could result
from potential future phosphorus reduction at the WWTP, should it be required for
Beaver Lake. Technical presentations to ADEQ occurred on June 19, 2014; March 19,
2015; November 16, 2016; and, July 1, 2016. These efforts have all been conducted in
response to ADEQ's public comment with the objective of gaining their support for
instream, site-specific minerals criteria that result in NPDES permit limits at the Noland
WWTP that are anticipated to be achievable based on past performance and modeling of
effluent minerals concentrations associated with phosphorus reduction. Ultimately, the
proposed instream site-specific minerals criteria must be approved by the Arkansas
Pollution Control and Ecology Commission (APC&EC) and the U.S. Environmental
Protection Agency (EPA).
As of this request for additional funding, the City is awaiting feedback from ADEQ as to
exactly what proposed criteria they will endorse, except that it is not anticipated to be
the 60 mg/L chloride, 100 mg/L sulfate, and 440 mg/L TDS, as originally proposed by
the City in the initial Third -Party Rulemaking process. As of September 23, 2016, ADEQ
is reconsidering the values proposed in the City's March 2015 presentation, which are:
44 mg/L chloride, 79 mg/L sulfate, and 362 mg/L TDS. Approval and endorsement
from ADEQ of the proposed criteria is considered extremely important for gaining
approval from APC&EC and EPA.
ADEQ is currently considering segmenting the reach of the White River downstream of
the Noland WtiVTP outfall and applying two sets of criteria. It is unknown at this time if
this would trigger additional public comments to be dealt with during the Third -Party
Page 3
Out of .Scope Letter Agreement Rev'sions
Rulemaking process since this would be different than what was originally proposed to
the APC&EC. Because it is difficult to predict the responses and requests of ADEQ, EPA,
APC&EC, and the public during the process that lies ahead; the estimated needs
between October 2016 and September 2017, when NPDES permit renewal must begin,
has been based on best professional judgement, consideration of the project hourly burn -
rate to date, and the schedule benchmarks ahead.
When it is being provided: Services are expected to be initiated in October 2016
and continue to September 2017.
Price of services: To be billed at CH2M HILL's actual cost plus 18% as
per Section 3.2 and Appendix C.1.25 of our
Agreement upon completion of the services.
Documentation of actual costs shall be provided with
invoices.
Increased Estimate of costs: Estimated at approximately $30,000*
Payment terms: Due upon receipt of CH2M HILL's invoice and
payable within thirty (30) calendar days as per
Section 5.2 of our Agreement.
*Note that the City will be alerted immediately if ADEQ requires work beyond the
scope outlined above or other circumstances cause the estimated costs of the project to
exceed this number. No work will be performed above this price until such work is
approved in writing by the City.
All other terms and conditions of the Agreement dated December 15, 2009, as amended
November 16, 2010, and November 15, 2011, between CH2M HILL and The City of
Fayetteville remain in full force and effect.
If these terms are agreeable to you, please sign both copies of this letter. We will return
one fully executed original for your files.
CH2M HILL appreciates the opportunity to provide these additional services to the
City of Fayetteville.
Page 4
Out of Scope Letter Agreement Revisions
Sincerely,
Steven Carpenter
Regional Business Manager
Both parties indicate their approval of the above-described services by their signature
below.
Authorized CH2M HILL:
f
Name: Scott Neel i -
Senior Vice President
Date: 10/14/2016
Authorized City of Fayetteville, Arkansas
Ti tle:
Date:
rL'!r
a r
RESOLUTION NO. 19-13
A RESOLUTION APPROVING A REVISION TO AN OUT -OF -SCOPE
AGREEMENT WITH CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF
$154,550.00 TO CONTINUE WORK ON A USE ATTAINABILITY
ANALYSIS (UAA) FOR THE WHITE RIVER, MAINTAINING THE
EXISTING $50,000.00 CONTINGENCY, AND APPROVING A BUDGET
ADJUSTMENT
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
an out -of -scope agreement with CH2M Hill Engineers, Inc. in the amount of $154,550.00 to
continue work on a use attainability analysis (UAA) for the White River and maintains the
existing $50,000.00 contingency.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached as Exhibit "A".
PASSED and APPROVED this 5t' day of February, 2013.
APPROVED:
ATTEST:
By: i '-<' A -t nL
SONDRA E. SMITH, City Clerk/Treasurer
'�`��►�titr�rrtr���r
FAYEF TEVILLF~'X_
T t41� ylA
City of Fayetteville, Arkansas
Budget: Adjustment Form
Budget Year Division: Water & Sewer Maintenance Request Date
2013 Department: Utilities Director 1/8/2013
V12.0724
Adjustment Number
BUDGET ADJUSTMENT DESCRIPTION J JUSTIFICATION
A BA for $137,15.0'is needed for a revision to the Out .of Scope Agreement with CH2M Hill Engineers, Inc. to
continue work on the Use Attainablility Analysis (USAA) for the White River (Revision of -Res 48=11). This
amendment includes researching and responding to numerous technical questions from ADEQ-and/or EPA,
researching: and responding to technical and non-technical questions from -the APCEC and public comments and
attending numberous public and technical calls or meeting with stakeholders, ADEQ, EPA and APCEC.
Chief
TOTAL BUDGET_ AD:J.U.S:TMEN:T - -
Increase l (Decrease)Project Sub..
P,ecount Name Account, Number Expen�p.' Rever ua Number
Contract`. services 5400.5700.$31,5.00
'137-J50- - 11014 . 1101
1Voste water plant improve - 5400 58(}4 58'$00 7 (137,150)
-` EXHIB T
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,. W:1Utii.ties :P.roject:Management Tears White:RiverStream Restoration- Project\Restoration analysis\BAFonn_2013_W41ite River use
attainabillity analysis amendment
4
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Prepared By: heryl'Partain
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Date
Reference:
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Type: A B C- E p
Date
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Date
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lnitial Date
Date
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Initlal Date
TOTAL BUDGET_ AD:J.U.S:TMEN:T - -
Increase l (Decrease)Project Sub..
P,ecount Name Account, Number Expen�p.' Rever ua Number
Contract`. services 5400.5700.$31,5.00
'137-J50- - 11014 . 1101
1Voste water plant improve - 5400 58(}4 58'$00 7 (137,150)
-` EXHIB T
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attainabillity analysis amendment
4
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City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
05 -Feb -13
City Council Meeting Date
Agenda Items Only
David Jurgens Wastewater Treatment Utilities
Submitted By Division Department
Action Required:
$204,550.00 $ 67,400.00 Wastewater Treatment
Cost of this request Category! Project Budget Program Category / Project Name
5400.5700.5315.00 $ Wastewater Treatment
Account Number Funds Used to Date Program / Project Category Name
11014-1101 $ 67,400.00 Water/Sewer
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
/-\ n A
1 O�
Previous Ordinance or Resolution # 48-11
Date
Original Contract Date: 3/15/2011
Original Contract Number: 2113
Date
`PIIJ Q - RI.1 lis.zot3
Finance and Internal Services Director Date
(" V, 11 1
of aff Date
AC
ate
Received inCWI-1 t -13P0-1:43 % C V D
Clerk's Office
Received in
Mayor's Office
Revised January 15, 2009
• CITY COUNCIL AGENDA MEMO
a e evl e MEETING DATE FEBRUARY SAS
THE CITY OF FAYEYETTEVILLE, ARKANSAS.
ARKANSAS
To: Fayetteville City Council
Thru: Mayor Lioneld Jordan
Don Marr, Chief of Staff
From: David Jurgens, Utilities Director
Fayetteville Water and Sewer Comn
Date: January 7, 2013
Subject: Out of Scope Agreement Revision, C142M Hill Engineers, White River Use Attainability Analysis
RECOMMENDATION
Staff recommends approving a revision to the Out of Scope Agreement with CH2M Hill Engineers, Inc. for $154,550 to
continue work on the Use Attainability Analysis (UAA) for the White River, maintaining the existing approved $50,000
contingency, and approve a budget adjustment.
BACKGROUND
ADEQ informed the City that the Noland WWTF National Pollutant Discharge Elimination System (NPDES) permit,
currently nearing final publication by ADEQ and was scheduled for issuance in May 2011, will contain limits on total
dissolved solids (TDS), and minerals, specifically chloride (Cl-), and sulfate (SO4 ). The segment of the White River where
the Noland plant discharges is on the 303(d) impaired streams list for turbidity (sediment), TDS, Cl-, and SO4_.
Concentrations measured in the White River exceeded the current site specific water quality standards (WQS) of: Cl- -20 mg/l;
SO4 -20 mg/l; and TDS-160mg/l.
The City began the least cost and most common solution, as recommended by ADEQ and successfully completed by several
other Arkansas entities, to make a third party petition to the Arkansas Pollution Control and Ecology Commission (APCEC)
requesting an amendment to Regulation 2 modifying the site specific water quality standards. In March 2011 we executed a
$265,000 out of scope agreement with CH2M Hill Engineers for the project, supported by FTN Associates. We also executed
related contracts with Mitchell -Williams law firm for $48,000 and $19,600 with the United States Geological Survey as team
members in this work. The combined consultant -staff team has developed the Use Attainability Analysis (UAA), which
evaluates aspects of the river with respect to the designated uses of the stream. The White River has designated uses of aquatic
life and drinking water. The latter has the water quality standards of Cl- - 250 mg/l; SO4- - 250 mg/l; and TDS - 500mg/l. The
draft report was submitted to ADEQ in August 2012. We are now working with ADEQ to answer questions, develop the final
report, and submit our petition to the APCEC. Once the APCEC makes a determination, it is submitted to the USEPA Region
6 for final approval. The remaining process could take 18 months.
DISCUSSION
This amendment covers work estimated to be required to carry this process through EPA Region 6 approval, completing the
third party rulemaking process. Due to circumstances beyond the control of the City and the consultant team, the project has
taken longer and required more work than expected. While the science is relatively definable, the regulatory questions and
actions required to meet evolving requirements are less easy to define. ADEQ requested additional field activities beyond the
work that had been performed in similar studies. Also, the project was delayed eight months due to extreme flooding in April
and May 2011, which was when we were to conduct spring season White River water quality sampling. This amendment
includes:
• researching and responding to numerous technical questions from ADEQ and/or EPA
• researching and responding to technical and non-technical questions from the APCEC and public comments
• attending numerous public and technical calls or meetings with stakeholders, ADEQ, EPA, and APCEC
BUDGET IMPACT
$67,400 is available in this project; the remaining $137,150 is proposed to be moved from Wastewater Treatment/Water
Quality Improvements project 13018, established to provide additional funding for this and other related projects.
Noland NPDES OMI OOS COI CCMemoJan13
RESOLUTION NO.
A RESOLUTION APPROVING A REVISION TO AN OUT -OF -SCOPE
AGREEMENT WITH CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF
$154,550.00 TO CONTINUE WORK ON A USE ATTAINABILITY
ANALYSIS (UAA) FOR THE WHITE RIVER, MAINTAINING THE
EXISTING $50,000.00 CONTINGENCY, AND APPROVING A BUDGET
ADJUSTMENT
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 an
out -of -scope agreement with CH2M Hill Engineers, Inc. in the amount of $154,550.00 to
continue work on a use attainability analysis (UAA) for the White River and maintains the
existing $50,000.00 contingency.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached as Exhibit "A".
PASSED and APPROVED this 5'" day of February, 2013.
APPROVED:
ATTEST:
By: By: _
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
CF42MHILL
January 4, 2013
Mr. David Jurgens
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Subject: Out of Scope Letter Agreement Revisions
Dear David:
CH2M HILL
91 B9 South Jamaica Street
Englewood, CO 80112-5946
Tel 303.771.0900
Fax 720.286.9250
Previously, we agreed to have CH2M HILL Engineers, Inc. (CH2M HILL) provide
certain Out of Scope services in a letter dated March 4, 2011 and as per the Operations,
Maintenance and Management Agreement dated December 15, 2009, executed between
the Parties. Under that Out of Scope Letter dated March 4, 2011, the parties needed to
agree in writing when CH2M HILL. had revisions to the approved ADEQ work plan or
to the price.
CH2M HILL respectfully requests a change order in the amount of $154,550 for the
completion of the Use Attainability Analysis (UAA) on the White River segment that
the City of Fayetteville's Paul R. Noland Wastewater Treatment Plant (WWTP)
discharges into. The UAA addresses the current Arkansas site-specific criteria for
minerals (chloride, sulfate, and total dissolved solids).
The field studies and data collection outlined in the agency approved UAA Study Plan,
dated May 2011, have been completed. The UAA draft report was submitted to the
Arkansas Department of Environmental Quality (ADEQ) on August 27, 2012. The City
received written comments from ADEQ on October 22, 2012. The City provided ADEQ
an initial response to comments on November 21, 2012, however, additional work is
required to complete the UAA process as outlined below.
Final report review and preparation of the response to the October 22, 2012 comments
submitted by ADEQ is anticipated to require additional work estimated to cost $62,550
(see Task 1 below). Work associated with the third -party rulemaking process was not
included in the original UAA scope of work or cost estimate, but it has been included
below under Tasks 2 and 3. The level of effort anticipated to provide technical support
during the third -party rulemaking process is estimated to be $92,000 (see Tasks 2 and 3
below).
Task 1: Address ADEQ comments on the UAA and revise the report for ADEQ
approval.
Estimate to complete task: $62,550
Key assumptions and caveats:
• Assumes currently anticipated review of report will be adequate to support future
activities
• Assumes up to three (3) one-hour internal team conference calls pertaining to
technical issues.
• Assumes up to three (3) one-hour internal team conference calls pertaining to
regulatory/ policy strategy issues.
• Assumes up to two (2) one-hour conference calls with ADEQ pertaining to technical
issues.
• Assumes up to two (2) meetings with ADEQ pertaining to regulatory/ policy
strategy issues.
• Assumes the extent of ADEQ comments to be addressed under this task will be
limited to those dated October 22, 2012.
• Assumes no additional field sampling or data collection will be required.
• Assumes technical analyses pertaining to nutrient enrichment will not be required.
• Clearance to proceed with the third -party rulemaking petition requires approval of
the UAA by ADEQ, which is anticipated but cannot be guaranteed.
Task 2: Address potential EPA and stakeholder comments prior to initiation of the
third -party rulemaking process.
Estimate to complete task: $32,000
Key assumptions and caveats:
• Significant comments from EPA are not anticipated until their formal, 90 -day review
period begins after final approval of the proposed rulemaking by APCEC (see Task
3).
• The cost estimate for Task 2 does not include addressing EPA comments that may
originate during their formal, 90 -day review period; those comments will be
addressed under Task 3.
• Assumes no additional analyses or significant report amendments will be required
to address the findings of the USGS report pertaining to the Beaver Lake water
quality model when it is published by the USGS.
• Assumes up to two (2) one-hour internal team conference calls for planning and
coordination.
• Assumes up to two (2) conference calls with EPA, of which one (1) will be a
teleconference from the ADEQ headquarters building.
• Assumes up to two (2) conference calls and one (1) meeting with stakeholders.
• Assumes up to two (2) conference calls with ADEQ to maintain coordination with
the lead agency.
• Assumes limited revisions to the report may be required under this task, but no
reproduction of report hardcopies.
Task 3: Initiate and complete the third -party rulemaking process.
Estimate to complete task: $60,000
Key assumptions and caveats:
• Assumes up to two (2) one-hour internal team conference calls for planning and
coordination.
• Assumes participation of two (2) technical staff in five (5) meetings: the initial
APCEC meeting (initiation of rulemaking); one public hearing; two legislative
committee hearings; and the final APCEC meeting.
• Assumes up to two (2) conference calls with stakeholders.
• Assumes up to two (2) conference calls with EPA, of which one (1) will be
teleconference from the ADEQ headquarters building.
• Assumes up to two (2) conference calls with ADEQ to maintain coordination with
the lead agency.
• Assumes all written technical clarification will be transmitted via technical
memorandums and no revisions or reproduction of the UAA report (as developed
under Tasks 1 and 2) will be required.
When it is being provided: Services are expected to be initiated in January 2013
by first meeting with ADEQ to discuss the comments
they provided on October 22, 2012. It is possible that
such a meeting could occur in December 2012, but it is
not anticipated given the approaching holidays. The
initial goal is to obtain ADEQ approval of the
minerals UAA with clearance to proceed with the
Third -Party Rulemaking. If approval were granted in
March 2013, it is estimated that the rulemaking
process would be complete during the first quarter of
2014. Refer to Attachment 1 for an outline of the
estimated schedule for Third -Party Rulemaking.
Price of services: To be billed at CH2M HILL's actual cost plus 18 % as
per Section 3.2 and Appendix C.1.25 of our
Agreement upon completion of the services.
Documentation of actual costs shall be provided with
invoices.
Increased Estimate of costs: Estimated at approximately $154,550*
Payment terms: Due upon receipt of CH2M HILL's invoice and
payable within thirty (30) calendar days as per
Section 5.2 of our Agreement.
*Note that the City will be alerted immediately if ADEQ requires work beyond the
scope outlined above or other circumstances cause the estimated costs of the project to
exceed this number. No work will be performed above this price until such work is
approved in writing by the City.
All other terms and conditions of the Agreement dated December 15, 2009, as amended
November 16, 2010, and November 15, 2011, between CH2M HILL and The City of
Fayetteville remain in full force and effect.
If these terms are agreeable to you, please sign both copies of this letter. We will return
one fully executed original for your files.
CH2M HILL appreciates the opportunity to provide these additional services to the
City of Fayetteville.
Sincerely,
\"Pu
fDuTran
Y
Project Manager
Both parties indicate their approval of the above-described services by their signature
below.
Authorized CH2M HILL:
Name: Natalie P Eldredge
Title: Senior Designated Manager
Date: L / 1
1'�-�doi3
D�
Authorized City of Fayetteville, Arkansas
brdan
Title: Jkfgr
Date: / &"//
RESOLUTION NO. 48-11
A RESOLUTION APPROVING AN OUT OF SCOPE AGREEMENT WITH
CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF $265,000.00 FOR
DEVELOPMENT OF A USE ATTAINABILITY ANALYSIS (UAA) ON THE
WHITE RIVER, APPROVING A $50,000.00 CONTINGENCY, AND
APPROVING A BUDGET ADJUSTMENT
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 an
out of scope agreement with CH2M Hill Engineers, Inc. in the amount of $265,000.00 for
development of a use attainability analysis (UAA) on the White River. A copy of the agreement
is attached as Exhibit "A".
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a
$50,000.00 contingency.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached as Exhibit "B".
PASSED and APPROVED this 15`h day of March, 2011.
APPROVED: ATTEST:
By
By: _ f
I ELD N, Mayor SONDRA E. SMITH, City Clerk/Treasurer
CH2M HILL
9193 South Jamaica Street
Englewood, CO 80112
Tel 720.286.2000
CH2MHILLa
March 4, 2011
Mr. David Jurgens
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Subject: Out of Scope Letter Agreement
Dear David:
As agreed upon in our previous discussions, CH2M HILL Engineers, Inc. (CH2M HILL)
will provide the following Out of Scope services as per the Operations, Maintenance
and Management Agreement dated December 15, 2009, executed between the Parties.
What is being provided:
• Services, work, and materials necessary to complete a Use Attainability
Analysis (UAA) on the White River segment that the City of Fayetteville's
Paul R. Noland Wastewater Treatment Plant (WWTP) discharges into.
• The UAA shall be performed in a manner approved by the Arkansas
Department of Environmental Quality (ADEQ), according to a work plan
that shall be submitted to ADEQ for approval as one of the initial steps of
the process.
• The UAAA shall specifically address the current Arkansas water quality
standards for minerals, i.e. Chloride, Sulfate, and Total Dissolved Solids
(TDS) for the designated uses.
• A final report shall be issued on the results of the UAA suitable for
submittal to ADEQ and the Arkansas Pollution Control and Ecology
Commission.
When it is being provided: Services are expected to be initiated in the spring of
2011 and will be completed according to the timeline
approved by ADEQ.
Price of services: To be billed at CH2M HILL's actual cost plus 18% as
per Section 3.2 and Appendix C.125 of our
PXH1B1T
�i: Printed on Mohawk Via paper, which is 30% post consumer waste.
Agreement upon completion of the services.
Documentation of actual costs shall be provided with
invoices.
Estimate of costs: Estimated at approximately $265,000*
Payment terms: Due upon receipt of CH2M HILL's invoice and
payable within 30 days as per Section 5.2 of our
Agreement.
*Note that the City will be alerted immediately if the ADEQ approved work plan or
unforeseen weather or other circumstances cause the estimated costs of the project to
exceed this number. No work will be performed above this price until such work is
approved in writing by the City.
All other terms and conditions of the Agreement dated December 15, 2009, as amended
November 16, 2010, between CH2M HILL and The City of Fayetteville remain in full
force and effect.
If these terms are agreeable to you, please sign both copies of this letter. We will return
one fully executed original for your files.
CH2M HILL appreciates the opportunity to provide these additional services to the
City of Fayetteville.
S" cerely,
Duyen ran
Project Manager
Both parties indicate their approval of the above-described services by their signature
below.
Authorized CH2M HILL:
P
Name: Natalie L. 0dredge
Senior Vice President
Date: 3�
Authorized City of Fayetteville, Arkansas
N me: LioLLKrdan
Title: May
Date: j
City of Fayetteville, Arkansas vi 1.0222
Budget Adjustment Form
Budget Year Division: Utilities Director Request Date Adjustment Number
2011 Department: Utilities Director 3/15/2011
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION
$400,000 is needed in the White River NPDES UAA and APCEC Action project to develop a Use Attainablility
Analysis for the White River.
$265,000 is needed for an an Out of Scope Agreement with CH2M Hill Engineers, Inc. to develop the Use
Attainablility Analysis due to the ADEQ currently developing a NPDES permit that will contain limits on total dissolved
solids and minerals. $135,000 is needed to cover additional costs associated with the project which includes legal
costs for an environmental attorney to file a petition with the APCEC to modify the water quality standards and
request that the new NPDES permit be delayed until the analysis process is complete.
A
Head
Account Name
Contract services
Professional services
Water line improvements
Water line improvements
Date
Date
Date
Date
31
Date
Prepared By: Cheryl Partain
kspringer
Reference:
Budget & Research Use Only
Type. A B C E P
General Ledger Date
Posted to General Ledger
Initial Date
Checked / Verified _
Initial Date
TOTAL BUDGET ADJUSTMENT
Account Number
5400.5700.5315.00
5400.5700.5314.00
5400.5600.5808.00
5400.5600.5808.00
400,000
400,000
Increase /
(Decrease)
Project.Sub
Expense
Revenue—
Number
265,000
-
l l L ' %- 11 f
135,000
1/0 & - !1 t�L
100,000
10007 1
300,000
01023 1
EXHIBIT
fl
n
W:\Utiities Project Management Team\White River Stream Restoration Project\Restoration analysis\BAForm_2011_White River use
attainablility analysis
i
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
15 -Mar -11
City Council Meeting Date
Agenda Items Only
David Jurgens Wastewater Treatment
Submitted By Division
Action Required:
Utilities
Department
%ppmval of an Out of Scope Agreement with CH2M Hill Engineers, Inc. for $265,000 to develop a Use Attainability
analysis (UAA) on the White River, and approving a $50,000 contingency, and approving a budget adjustment.
$316,000.00
Cost of this request
5400.5100.5328.00
Account Number
Project Number
Budgeted Item
5
S
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached F7M
2S -T -el I)
Date
,2 -29 -Lf
Date
Tolj_�J CIL
Finance and Internal Services Director Date
Date
r //
ate
Wastewater Treatment
Program Category / Project Name
Wastewater Treatment
Program / Project Category Name
Water/Sewer
Fund Name
Previous Ordinance or Resolution # 256-09
Original Contract Date: 12/15/2009
Original Contract Number: 2113
Received in City 02--25-1 1 P03:58 RCVD
Clerk's Office
Received in
Mayor's Office
Revised January 15, 2009
To:
Thru:
From:
Date:
Fayetteville City Council
Mayor Lioneld Jordan
Don Marr, Chief of Staff
David Jurgens, Utilities Director�t
Fayetteville Water and Sewer Coma ee
February 25, 2011
CITY COUNCIL AGENDA MEMO
MEETING DATE OF MARCH 15, 2011
THE CITY OF FAYETTEVILLE, ARKANSAS
Subject: Out of Scope Agreement, CH2M Hill Engineers, for $265,000 for a White River Use Attainability Analysis
RECOMMENDATION
Staff recommends approving an Out of Scope Agreement with CH2M Hill Engineers, Inc. for $265,000 to develop a
Use Attainability Analysis (UAA) for the White River, and approving a $50,000 contingency, and a budget adjustment.
BACKGROUND
ADEQ has informed the City that the Noland WWTF National Pollutant Discharge Elimination System (NPDES)
permit, currently being developed by ADEQ and scheduled for issuance in May, 2011, will contain limits on total
dissolved solids (TDS), and minerals, specifically chloride (Cl-), and sulfate (SO4), unless other actions are taken. The
segment of the White River where the Noland plant discharges is on the 303(d) impaired streams list for turbidity, TDS,
Cl -,and SO4 . Concentrations measured in the White River exceeded the current site specific water quality standards
(WQS) of Cl- -20 mg/l; SW -20 mg/l; and TDS-I60mg/l.
The least cost and most common solution, recommended by ADEQ and successfully completed by Jonesboro (the only
other City to have fully faces this issue), is to make a third party petition to the Arkansas Pollution Control and Ecology
Commission (APCEC) requesting an amendment to Regulation 2 modifying the site specific water quality standard. It
involves performing a Use Attainability Analysis (UAA), which evaluates aspects of the river with respect to the
designated uses of the stream. The White River has designated uses of aquatic life and drinking water. The latter has the
water quality standards of Cl- - 250 mg/l; SO4 - 250 mg/l; and TDS - 500mg/l. The UAA may take a full year or more
to complete before the petition to modify the water quality standards can be submitted to the APCEC, and the APCEC
may take another year to make a determination. We are also requesting the new NPDES permit be delayed until this
process is complete.
DISCUSSION
There are three companies, CH2M Hill, FTN Associates, and GBM' & Associates, who are leaders in performing UAAs.
The attached agreement represents a partnership with C112M Hill as the lead and FTN in a supporting role. This team
presents the optimum combination of experience, capability for quick, responsive action, and familiarity with the White
River conditions, to complete this project as quickly as possible. This type out of scope agreement is allowed for within
our existing contract with CH2M Hill. As soon as this contract is executed, CH2M Hill will submit a draft schedule for
the UAA to ADEQ for approval. That will determine the schedule of work to follow.
BUDGET IMPACT
Funds are proposed to be reduced from two other approved water/sewer projects to fund this new project, as shown in
the attached budget adjustment. The budget adjustment is large enough that it is expected to cover this agreement, the
expected contract with the environmental attorney to file the petition with the APCEC, with a contingency.
Noland NPDES OMI OOs CCM- emoFeb I Ldoc
RESOLUTION NO.
A RESOLUTION APPROVING AN OUT OF SCOPE AGREEMENT WITH
C112M HILL ENGINEERS, INC. IN THE AMOUNT OF $265,000.00 FOR
DEVELOPMENT OF A USE ATTAINABILITY ANALYSIS (UAA) ON THE
WHITE RIVER, APPROVING A $50,000.00 CONTINGENCY, AND
APPROVING A BUDGET ADJUSTMENT
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 an
out of scope agreement with CH2M Hill Engineers, Inc. in the amount of $265,000.00 for
development of a use attainability analysis (UAA) on the White River. A copy of the agreement
is attached as Exhibit "A".
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a
$50,000.00 contingency.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a
budget adjustment, a copy of which is attached as Exhibit "B".
PASSED and APPROVED this 15th day of March, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
THE CITY OF FAYETTEVILLE, ARKANSAS
UTILITIES DEPARTMENT
n rev
113 Wes) 575Main
GFayetteville, AR 72701
T 1 P'1479)575-8330 FI479}575-8257
ARKANSAS
To: Fayetteville City Council
Thru: Mayor Lioneld Jordan
Don Marr, Chief of Staff
From: David Jurgens, Utilities Director
Fayetteville Water and Sewer Cottee It
Date: February 25, 2011
Subject: Information Paper -Noland Wastewater Treatment Facility NPDES Permitting Issues Relating to Total
Dissolved Solids, Chloride, and Sulfate
SITUATION
ADEQ has informed the City that the Noland WWTF National Pollutant Discharge Elimination System
(NPDES) permit, currently being developed by ADEQ and scheduled for final issuance in May, 2011, will
contain limits on total dissolved solids (TDS) and minerals, specifically chloride (Cl-), and sulfate (SOO,
unless other actions are taken. The segment of the White River where the Noland plant discharges is on the
303(d) impaired streams list for turbidity (sediment), TDS, Cl -,and SW. Concentrations measured in the
White River both above and below the Noland WWTF discharge exceeded the current site specific water
quality standards (WQS) of: Cl- -20 mg/l; SO4 -20 mg/1; and TDS-160mg11.
According to ADEQ representatives, no point source dischargers are allowed to cause or contribute to an
identified impairment. Because the reach of the river where the Noland WWTF effluent discharges (Reach 23)
is on the 303(d) list, Noland's effluent, which does contain TDS, Cl -,and SO4 , is subjected to the site specific
WQS set for the White River. Any discharge at concentrations above the water quality standards is deemed to
contribute to the impairment. As a result, if our NPDES permit were issued today, these same concentrations
would become NPDES permit limits. Jonesboro and Huntsville have recently faced this issue same issue.
ALTERNATIVES
Fayetteville and C112M HILL staff met with ADEQ staff at 2:00, January 26, 2011, to discuss alternatives.
ADEQ staff included Ryan Benefield, Steve Drown, Mo Shaffi, Marysia Jastrzebski, John Bailey, and Kim
Fuller. City representatives included David Jurgens, Dr. Robert Blanz, P.E., PhD, Billy Ammons, and Duyen
Tran. Based on the discussion and the recommendations from ADEQ, Fayetteville has several courses of
action. These are not all mutually exclusive; some may be considered in combination.
1. Change the site specific water quality standards. This requires a third party petition to the Arkansas
Pollution Control and Ecology Commission (APCEC) requesting an amendment to Regulation 2. It involves
performing a Use Attainability Analysis (UAA), which evaluates aspects of the river with respect to the
designated uses of the waterway. Designated uses for the White River are aquatic life and drinking water.
Aquatic life water quality standards are variable, but as a minimum the drinking water standards of Cl- - 250
M9/l; SW - 250 mg/l; and TDS - 500mg/l would apply. Modifying the site specific water quality standard is
the most common approach and was recommended by ADEQ in the January 26 meeting. This is the method
Jonesboro selected to address the same issue. The UAA may take a full year or more to complete before the
petition to modify the water quality standards can be submitted to the APCEC for consideration, and the
Page 1 of 4
Noland NPDES Permit Info Mem 28Fe611.doc
APCEC may take another year to make a determination. Simultaneously, we should use every means to get
issuance of the new permit delayed. ADEQ staff at the meeting expressed great reluctance to grant an
extension, for fear of setting a precedent. Huntsville exerted significant political influence through the City,
legislative attention, and the Poultry Federation. As a result, Huntsville received a three year permit that
includes monitoring requirements, but no discharge limits, for Cl-, SO4 , and TDS. This was very unusual, and
is not available for Fayetteville because we are major discharger. Additionally, this did not solve Huntsville's
problem- it simply delayed the final conclusion. Historically, once monitoring begins, discharge limits almost
always follow. Thus, Huntsville can expect limits on minerals and TDS when their next permit is issued.
2. Eliminate the source of the TDS and minerals in the stream that are causing the water quality standards to be
exceeded. The West Fork of the White River shows impairment upstream from the City's outfall. The Middle
and main forks of the White River do not. ADEQ representatives have stated that concentrations of minerals
were not an issue until 2004, when a significant increase in TDS and minerals was observed. These higher
concentrations have remained since, indicating a long term change in conditions. Staff is obtaining and
reviewing the data to fiirther identify exactly when the change occurred. Eliminating the source of this change,
and thereby eliminating the source of the minerals, is a hit-or-miss proposition, as a preliminary review has not
indicated any potential source for such a change. It may be induced by human action, or may be caused by
natural phenomena. The only potential cause identified thus far is the major flood that occurred on April 23-24,
2004, The City of West Fork WWTF is the only other permitted point source upstream; its flow volume is
comparatively minor and is extremely unlikely to be the source. Positively identifying the source will take
comprehensive stream sampling, and will probably prove unsuccessful no matter how much effort is applied.
This alternative should be investigated, but cannot be relied upon as a sole solution to the permitting problem.
3. Do nothing to change the standards. This alternative creates two sub -choices:
a. Upgrade the WWTF to meet the new permit limits. This will result in an approximate $45 million
(very preliminary estimate) initial capital and $2 million increased annual operational cost for treatment, which
could approach a present worth value of $100 million over the life of the Noland facility.
b. Do not upgrade the WWTF, and accept not meeting the permit requirements. This will result in fines
from ADEQ which would be levied as soon as the new limits take affect (this was made clear in the January 26
meeting).
4. Change the state-wide water quality standards. Several cities in Arkansas have faced this issue in recent
years, and it will become more common in future permits. As a result, ADEQ representatives agree that there is
significant benefit to changing these water quality criteria on a state-wide basis. This process would likely take
at least 3 — 5 years, if itwouldbe successful at all. It is also very expensive, and according to the ADEQ
officials in our meeting is not currently feasible for ADEQ. This is the best long-term solution, but will not
solve the issue for Fayetteville.
5. Invoke legislative action to allow or force ADEQ to address the Regulation. This is a state-wide problem
that will impact multiple municipal and other dischargers. As every ADEQ representative agreed, this is not an
environmental impact issue but a regulatory one that they are required to enforce. These constituents have no
negative impact on the environment at the levels cited in the Regulation, but changes in the White River flow
and the low flows experienced in 2007 have caused this to become a permitting issue. ADEQ stated they are
unwilling to address the problem on a state-wide basis due to lack of funding and manpower to do so. It will
take legislative action to change this position. If no state-wide action is taken by ADEQ, then the responsibility
is placed directly on each permitted discharger, who then must invest in a $300k - $400 study to make a third
party rule change. Any legislative change may help other NPDES permit holders, but cannot occur in time to
help with Fayetteville's situation.
Page 2 of 4
Noland NPDES Permit Info Mem 28Feb1 l.doc
6. Partner with West Fork, as the only other NPDES permitted facility on the White River upstream of Beaver
Lake. Their NPDES permit expires in 2012. If the ADEQ approach remains unchanged, they will face the
same problem. This would require two to four additional sampling sites on the West Fork, but otherwise would
not add significant work to the process. West Fork staff is evaluating, and we are executing our initial work so
they could join in and cost share on the study and petition.
RECOMMENDATION
As soon as possible, initiate a plan to conduct a UAA. Send the plan to ADEQ for review, comment, and (if
they will grant such) approval. Start the UAA soon enough that we catch the spring conditions this year.
Request a two year extension of our existing permit from ADEQ while we undergo the study and submit the
WQS standards change request to the APCEC. Select and hire an attorney specializing in environmental law to
submit the request to the APCEC. Structure our initial work such that -West Fork can participate allowing for
them to cover their portion of the expense.
BACKGROUND and ADDITIONAL INFORMATION
All attendees in the January 26 meeting agreed these standards are not reasonable for wastewater, and there is
no scientific evidence that we know of suggesting that minerals and TDS in the concentrations present in either
the river or the wastewater effluent cause harm or degradation to aquatic life or other aspects of the
environment. We are not aware of another NPDES permit in Arkansas that currently has discharge limits on
these parameters, although Jonesboro and Huntsville have had to address the issue. Most states do not appear to
have any type of water quality standard for these minerals and ADEQ admitted that the standards as they
currently exist provide no known benefit to the environment. ADEQ further acknowledged that the standards
themselves should be changed but insisted that they had neither time nor resources to perform that action. The
standards were introduced into the state-wide regulations by ADEQ in the late 1970's, based on a study
conducted at that time. That study cannot now be found. Thus, they cannot find the reason these standards
were first identified- neither for the entire state nor for the White River. Additionally, there are different
impaired water body uses for the White River in the 303(d) list in the 2004, 2006, 2008, and (draft) 2010
publications, but ADEQ staff has not identified the reasons for these changes. It is, they agreed, possible that
these numbers, and the resulting inclusion on the 303(d) list, are the result of an error. However, now that the
numbers are in the Regulation, they must be either be followed or formally changed. As a point of comparison,
the proposed limits are much stricter than the recommended standards for finished drinking water, which has
recommended (but not required) standards shown in the table below.
The City has never monitored our effluent for these items. There was never a reason to. Preliminary
monitoring, conducted since the issue was brought to our attention, indicates our effluent, at that time,
contained the concentrations shown below. The BWD drinking water concentrations are shown as well.
I These are aesthetic standards recommended by USEPA and ADH for drinking water; they are not mandatory.
2 These are samples taken in January, 2011. These could change drastically for different seasons,
influent changes, and treatment process changes.
Page 3 of 4
Noland NPDES Permit Info Mem 28FOI Ldoc
White River
Noland Effluent
Drinking
BWD 2009
Constituent
Limit
(Jan 2011)
Water Limit'
Actual
Chloride
20
Average 40.5
250
9
range 3 8.2 - 44.3
Sulfate
20
Average 57.1
250
27.6
range 37.3 - 61.4
Total Dissolved Solids
160
Average 458,
500
95
ran e 397 - 680
I These are aesthetic standards recommended by USEPA and ADH for drinking water; they are not mandatory.
2 These are samples taken in January, 2011. These could change drastically for different seasons,
influent changes, and treatment process changes.
Page 3 of 4
Noland NPDES Permit Info Mem 28FOI Ldoc
303(d) List Summary
303(4)
Year
Stream Reach
for Which City
Impairment
Impaired Use
Reason
2002
West Fork,
Fayetteville
None
N/A
N/A
2004
West Fork
TDS, SO4
Agriculture & Indus
Road const & a culture
2004
Fayetteville
TDS, Cl-, SO4
Agriculture & Induspy
Road const & a 'culture
2006
West Fork
TDS, SO4=
Agriculture & Industry
Unknown
2006
Fayetteville
TDS, Cl-, SO4
Agriculture & Indusq
Unknown
2008
West Fork
TDS, SO4
Agriculture & Industry
Unknown
2408
Fayetteville
TDS, Cl-, SO47
Agriculture & Industry
Unknown
2010
West Fork
TDS, SO4=
Agriculture & Industry
Unknown
2010
Fayetteville
TDS, Cl-, SO4
None Listed, verbally
Aquatic Life (Fisheries)
Unknown
Page 4 of 4
Noland NPDES Permit Info Mem 28Feb1 Ldoc
CH2M HILL
9193 South Jamaica Street
Englewood, CO 80112
Tel 720.286.2000
' 2 HILL.
i
February 28, 2011
Mr. David Jurgen
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Subject: Out of Scope Letter Agreement
Dear David:
As agreed upon in our previous discussions, CH2M HILL Engineers, Inc. (CH2M HILL)
will provide the following Out of Scope services as per the Operations, Maintenance
and Management Agreement dated December 15, 2009, executed between the Parties.
What is being provided:
Services, work, and materials necessary to complete a Use Attainability
Analysis (UAA) on the White River segment that the City of Fayetteville's
Paul R. Noland Wastewater Treatment Plant (WWTP) discharges into.
• The UAA shall be performed in a manner approved by the Arkansas
Department of Environmental Quality (ADEQ), according to a work plan
that shall be submitted to ADEQ for approval as one of the initial steps of
the process.
• The UAAA shall specifically address the current Arkansas water Quality
standards for minerals, i.e. Chloride, Sulfate, and Total Dissolved Solids
(TDS) for the designated uses.
• A final report shall be 'issued on the results of the UAA suitable for
submittal to ADEQ and the Arkansas Pollution Control and Ecology
Commission.
When it is being provided: Services are expected to be initiated in the spring of
2011 and will be completed according to the timeline
approved by ADEQ.
CE;XHIBIT
40 NiMed on Mohawk lila paper, which Ica0% postconsumcrwnato.
Price of services: To be billed at CH2M HILL's actual cost plus 18% as
per Section 3.2 and Appendix C.1.25 of our
Agreement upon completion of the services.
Documentation of actual costs shall be provided with
invoices.
Estimate of costs: Estimated at approximately $265,000*
Payment terms.: Due upon receipt of OMI's invoice and payable
within 30 days as per Section 5.2 of our Agreement.
*Note that the City will be alerted immediately if the ADEQ approved work plan or
unforeseen weather or other circumstances cause the estimated costs of the project to
exceed this number. No work will be performed above this price until such work is
approved in writing by the City.
All other terms and conditions of the Agreement dated December 15, 2009, as amended
November 16, 2010, between CH2M HILL and The City of Fayetteville remain in full
force and effect.
If these terms are agreeable to you, please sign both copies of this letter. We will return
one fully executed original for your files.
CH2M HILL appreciates the opportunity to provide these additional services to the
City of Fayetteville.
Sincerely,
Duyen Tran
Project Manager
Both parties indicate their approval of the above-described services by their signature
below_
Authorized CH2M HILL:
Name: Natalie L. Eldredge
Title: dice President
Date:
Authorized City of Fayetteville, Arkansas
Name: Lionel Jordan
Title: Mayor
Date:
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division
/0rg2 WATER SEWER (720)
2016
Adjustment Number
Requestor: Cheryl Partain
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
A BA is22 needed to move budgeted funds into the White River NPDES UAA and APCEC Action project to incease CH21VI
Engineers, Inc. agreement with the City. The amendment is to cover additional costs for work relating to the Use
Attainability Analysis (UAA) work being done by CH2M.
RESOLUTION/ORDINANCE
COUNCIL DATE
LEGISTAR FILE ID#
11/1/2016
2016-0450
B "b -G CL' FOR/
10/17/2016 8:14 ,4M
Budget Director Date
TYPE:
DESCRIPTION:
GLDATE:
POSTED:
1
v.20160722
TOTAL
Increase / (Decrease) Proiect.Sub#
Account Number Expense Revenue Project Sub AT Account Name
5400.720.5700-5315.00 30,000 - 11014 1101 EX Contract Services - Contract Services
5400.730.5800-5818.00 (30,000) 13018 1 EX Wastewater Treatment Plant - Improvem,
C:\Users\Ismifh\AppData\Roaming\L5\Temp\aOab91de-Odef-4e22-b341-47e3aIaOe3ab 1 of 1