HomeMy WebLinkAbout74-17 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 74-17
File Number: 2017-0133
CH2M HILL ENGINEERS, INC:
A RESOLUTION TO APPROVE A CHANGE ORDER TO THE OUT -OF -SCOPE AGREEMENT WITH
CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF $50,000.00 TO CONTINUE WORK ON A USE
ATTAINABILITY ANALYSIS FOR THE WHITE RIVER, TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $10,000.00, 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
$50,000.00 to continue work on a Use Attainability Analysis for the White River, and further approves a
project contingency in the amount of $10,000.00.
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.
PASSED and APPROVED on 3/21/2017
Page 1
Attest:
Sondra E. Smith, City Clerk Tk�ll1K�jR��,4
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2017-0133
Agenda Date: 3/21/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 7
CH2M HILL ENGINEERS, INC:
A RESOLUTION TO APPROVE A CHANGE ORDER TO THE OUT -OF -SCOPE AGREEMENT
WITH CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF $50,000.00 TO CONTINUE WORK
ON A USE ATTAINABILITY ANALYSIS FOR THE WHITE RIVER, TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $10,000.00, 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 $50,000.00 to continue work on a Use Attainability Analysis for the White River, and further
approves a project contingency in the amount of $10,000.00.
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 312212017
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2017-0133
Legistar File ID
3/21/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
2/27/2017 Wastewater Treatment Plant /
_ Utilities Department
Submitted Date Division/ Department
Action Recommendation:
A RESOLUTION TO APPROVE A CHANGE ORDER TO AN OUT -OF -SCOPE AGREEMENT WITH CH2M HILL ENGINEERS,
INC. IN THE AMOUNT OF $50,000.00 PLUS A 20% CONTINGENCY FOR A.TOTAL OF $60,000.00 TO CONTINUE WORK
ON A USE ATTAINABILITY ANALYSIS (UAA) FOR THE WHITE RIVER, AND TO APPROVE A BUDGET ADJUSTMENT
Budget Impact:
5400.720.5700-5315.00 Water & Sewer
Account Number Fund
E
11014.1101 White River NPDES UAA and APCEC Action
Project Number
Project Title
Budgeted Item?
Yes
Current Budget
$ 75,584.35
Funds Obligated
$ 74,464.02
Current Balance
i:1G0,31
Does item have a cost?
Yes
Item Cost
$ 60,000.00
Budget Adjustment Attached?
Yes
Budget Adjustment
$ 60,000.00
Remaining Budget
$
V20140710
Previous Ordinance or Resolution #
196-16
Original Contract Number:
2160
Approval Date:
Comments:
CITY OF
Fay%i
—llc
ARKANSAS
MEETING OF MARCH 21, 2017
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Water & Sewer Committee
FROM: Tim Nyander, Utilities Director
DATE: February 28, 2017
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 $50,000, with a 20% contingency 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 $50,000, approving a 20% contingency for a
total cost of $60,000.00 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 completed Regional Park Waterline project to the White
River NPDES UAA and APCEC Action, Use Attainability Analysis project.
ATTACHMENTS:
Staff Review Form
Out of Scope Letter Agreement
Resolution 48-11
Resolution 19-13
Resolution 196-16
Budget Adjustment
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
February 28, 2017
Mr. Tim Nyander
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Subject: Out of Scope Letter Agreement Revisions
Dear Tim:
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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- $50,000 for the
completion of the Use Attainability Analysis (UAA) on the White River segment that the
City of Fayetteville's Paul R. Noland Water Resource Recovery Facility (WRRF)
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 Attainability Analysis - Fayetteville, Arkansas, was submitted to ADEQ on May 21, 2013.
Since June 2013 to January 2017, CH2M HILL continued to work with Mitchell Williams
law firm and ADEQ through the following significant measures:
• Conducted the analyses and performed an assessment of the UAA inconsideration
of the proposed Act 954, as requested by ADEQ. 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 and approved by the Arkansas Pollution
Control and Ecology Commission's Regulations Committee on October 25, 2013
and the public hearing was held at the Fayetteville Public Library on February 13,
2014.
• Performed significant amount of technical analyses in response to the request
made by ADEQ during the public comment period, including the modeling of
effluent minerals concentrations that could result from potential future
phosphorus reduction at the WRRF, should it be required for Beaver Lake. The
proposed minerals criteria were 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.
• Conducted technical presentations to ADEQ on June 19, 2014; March 19,2015; 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 WRRF 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).
• Reached agreement with ADEQ on the proposed criteria for the split segments:
one from the Noland WRRF outfall to a point 0.4 miles downstream (WR -02), and
another from WR -02 to the confluence with Richland Creek. The new criteria
proposed for the two segments are as follows:
Chloride Sulfate TDS
Noland to WR -02 44 mg/ L 79 mg/ L 362 mg/ L
WR -02 to Richland Creek 30 mg/ L 40 mg/ L 237 mg/ L
• Completed the Addendum for the White River Use Attainability Analysis that
provides justifications for the new proposed minerals site-specific water quality
criteria.
• On January 13, 2017, the Mitchell Williams law firm filed an amended petition on
behalf of the City of Fayetteville to initiate Third -Party Rulemaking and requested
for a second public notice and hearing. The petition was reviewed by the Arkansas
Pollution Control and Ecology Commissions Regulations Committee on January
Page 3
Out of Scope Letter Agreement Revisions
26, 2017 and was the second public hearing was approved to be held at, the
Fayetteville Public Library on March 27, 2017.
• On January 13, 2017, EPA Region 6 provided 36 comments toward the proposed
criteria from Fayetteville through ADEQ.
As of this request for additional funding, CH2M HILL is working with ADEQ on
responses to the EPA comments and preparing for the second public hearing. We also
anticipate additional working sessions -and communication with ADEQ and EPA to
resolve their concerns. Final approval from EPA is necessary for the adoption of new
minerals criteria in Regulation No. 2, Water Quality Standards.
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 need has been based on best
professional judgement.
When it is being provided. Services are expected to be continued until the new
criteria are adopted.
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: $50,000*
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.
Page 4
Out of Scope Letter Agreement Revisions
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,
1 or
Steven Carpenter
Manager of Projects
Both parties indicate their approval of the above-described services by their signature
below.
Authorized CH2M HILL: Authorized City of Fayetteville, Arkansas
Name: Andy Appleton
Senior Designated Manager
Date: 3/1/17
Date: Irl
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 C112M 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:
B By; 14 �-z CE 4n&
I ELD J N, Mayor SONDRA E. SMITH, City Clerkffreasurer
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FAYET TEVI L LE .
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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
A":
PASSED and APPROVED this 5`" day of February, 2013.
APPROVED:
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
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113 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,IOF 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, Arkansa-9
adjustment, a copy of which is attached to this Resolution.
PASSED and APPROVED on 11/1/2016
Attest:
hereby approves a budget
;�ti{S111iI111lIA
Sondra E. Smith, City Clerk Treasurer
Page 1 Printed on 1112116
City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar)
Budget Year Division Adjustment Number
/Org2 WATER SEWER (720)
2017
Requestor: Cheryl Partain
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
A BA IS needed to move budgeted funds into the White River NPDES UAA and APCEC Action project to incease CH2M
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. Cost savings from the completed Regional Park Waterlines
project will be moved into the White River NPDES UAA and APCEC Action project to cover the addional legal costs.
RESOLUTION/ORDINANCE
TOTAL
Account Number
5400.720.5700-5315.00
5400.720.5600-5808.00
Increase / (Decrease)
Expense Revenue
60,000
(60, 000)
COUNCIL DATE:
LEGISTAR FILE ID#:
2/27/2017
2017-0133
Lurk}{ utchetw
3/3/2017 11:43 AM
Budget Director Date
TYPE:
DESCRIPTION:
GLDATE:
POSTED:
v.20161021
rfojecI.SuI:1{?.
Project Sub AT Account Name
11014 1101 EX Contract Services - :
14015 2000 EX Water Line Improvements - Water Line Irr
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