HomeMy WebLinkAbout286-19 RESOLUTIONOF FpY 6T�tf
4RKAHSPS
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 286-19
File Number: 2019-0775
C112M HILL ENGINEERS, INC. AMENDMENT NO. 11:
A RESOLUTION TO APPROVE AMENDMENT NO. 11 TO THE AGREEMENT FOR OPERATIONS,
MAINTENANCE AND MANAGEMENT SERVICES BETWEEN THE CITY OF FAYETTEVILLE,
ARKANSAS AND CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF $7,250,876.00 FOR
SERVICES IN 2020
WHEREAS, changes to the contract with CH2M Hill Engineers, Inc. for 2020 include a complete re -draft
of the master contract, more detailed operations and maintenance responsibilities by CH2M over the
SCADA network that monitors water and wastewater facilities, and a reduced cost for emergency services.
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.
11 to the Agreement for Operations, Maintenance and Management Services between the City of
Fayetteville, Arkansas and CH2M Hill Engineers, Inc. in the amount of $7,250,876.00 for services in 2020.
PASSED and APPROVED on 12/3/2019
Attest:
�.. G1T Y
• '� '•G
i V •
FA YE TEVI��E; i
Kara Paxton, City Clerk Treasur&�- C3
�.''S/ •. 'A NSP
1O i I C C
Page 1 Printed on 1215119
..f City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0775
Agenda Date: 12/3/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: C. 3
C112M HILL ENGINEERS, INC. AMENDMENT NO. 11:
A RESOLUTION TO APPROVE AMENDMENT NO. 11 TO THE AGREEMENT FOR OPERATIONS,
MAINTENANCE AND MANAGEMENT SERVICES BETWEEN THE CITY OF FAYETTEVILLE,
ARKANSAS AND CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF $7,250,876.00 FOR
SERVICES IN 2020
WHEREAS, changes to the contract with CH2M Hill Engineers, Inc. for 2020 include a complete re -draft of
the master contract, more detailed operations and maintenance responsibilities by CH2M over the the SCADA
network that monitors water and wastewater facilities, and a reduced cost for emergency services.
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. 11 to
the Agreement for Operations, Maintenance and Management Services between the City of Fayetteville,
Arkansas and CH2M Hill Engineers, Inc. in the amount of $7,250,876.00 for services in 2020.
City of Fayetteville, Arkansas Page 1 Printed on 121412019
City of Fayetteville Staff Review Form
2019-0775
Legistar File ID
12/3/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 11/7/2019 WASTEWATER TREATMENT (730)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends the approval of Amendment No. 11 to the Agreement for Operations, Maintenance and
Management Services between the City of Fayetteville, Arkansas and CH2M Hill Engineers, Inc. in the amount of
$7,250,876.00 for services in 2020.
5400.730.XXXX-5328.00
Account Number
48048.XXX
Project Number
Budgeted Item? Yes
Does item have a cost? Yes
Budget Adjustment Attached? No
Budget Impact:
Water and Sewer
Fund
OMI Expenses
Project Title
Current Budget $ 7,250,876.00
Funds Obligated $ -
Current Balance I $ 7,250,876.001
Item Cost $ 7,250,876.00
Budget Adjustment
Remaining Budget
0
V20180321
Purchase Order Number: Previous Ordinance or Resolution # 277-18
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 3, 2019
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Water & Sewer Committee
FROM: Tim Nyander, Utilities Director
DATE: November 7, 2019
CITY COUNCIL MEMO
SUBJECT: Amendment No. 11 to the Agreement with CH2M Hill Engineers, Inc.
RECOMMENDATION:
Staff recommends the approval of Amendment No. 11 to the Agreement for Operations,
Maintenance and Management Services between the City of Fayetteville, Arkansas and CH2M
Hill Engineers, Inc. in the amount of $7,250,876.00 for services in 2020.
BACKGROUND:
When the original Noland Wastewater Treatment Plant (WWTP) upgrade was completed in
1987, the City contracted with OMI (now CH2M Hill/Jacobs) for wastewater treatment services.
In December 2009, the Fayetteville City Council passed Resolution No. 265-09 which approved
a proposed five-year contract subject to and contingent upon yearly budget approval by the City
of Fayetteville, with two successive five-year options to renew. Amendment No. 11 represents
the first year of the second five-year renewal. The contract was renegotiated this year and
several changes were made to the agreement for services in 2020.
DISCUSSION:
In the year 2020, the scope of services provided by CH2M HILL/Jacobs will include: (1) operate
and maintain the Noland and West Side wastewater treatment facilities; (2) operate and
maintain 37 wastewater lift stations; (3) administer the City's NPDES discharge, air, stormwater,
and other permits; (4) manage the City's biosolids disposal program; (5) manage the City's
industrial pretreatment program; (6) support the SCADA (supervisory control and data
acquisition system) network that monitor water and wastewater facilities; (7) pursue operation
economies, efficiencies, and permit compliance; (8) provide engineering services on an agreed -
to basis; and (9) continue to refurbish the sand filters at the Noland plant on an incremental
basis.
The City is currently upgrading the SCADA system, and Amendment No. 11 adds services for
CH2M Hill/Jacobs to provide more in-depth operations and maintenance of the SCADA software
and hardware. The added services in 2020 will include the operations and maintenance of
SCADA wireless and telemetry equipment, Programable Logic Controllers and Remote
Terminal Units (PLCs/RTUs), SCADA software, servers, and network equipment purchased by
the City, and the associated power protection equipment. CH2M Hill/Jacobs will also operate
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
and maintain the Operational Technology (OT) components of the Industrial Control system
(ICS), including servers, computers, network equipment, and software backups and security.
This Amendment No. 11 outlines a lower cost for emergency services provided by CH2M
Hill/Jacobs (outside services, services completed by personnel not assigned to the project, or
excessive overtime hours exceeding regulatory labor laws). In previous years, the emergency
services were provided at cost plus 22%. Staff has renegotiated this amendment to be reduced
to cost plus 18%.
BUDGET/STAFF IMPACT:
Funds are available in the overall Utilities budget.
Attachments:
Amendment No. 11
AMENDMENT NO. 11 TO AGREEMENT
For
OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
CH2M HILL ENGINEERS, INC.
THIS AMENDMENT NO. 11 to the Agreement for Operations, Maintenance and Management Services
between the City of Fayetteville, Arkansas, Water Resource Recovery Facility and its pertinent systems
dated December 15, 2009 (the "Agreement"), is made effective on the 1" day of January, 2020, by and
between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter "City of
Fayetteville") and CH2M HILL Engineers, Inc., (hereinafter "CH2M")
NOW THEREFORE, the City and CH2M hereby amend the Agreement as follows:
1. The Contract is hereby deleted in its entirety and replaced with the attached amended and
Restated Contract.
2. Appendix A is hereby deleted in its entirety and replaced with the attached Appendix A.
3. Appendix B is hereby deleted in its entirety and replaced with the attached Appendix B.
4. Appendix C is hereby deleted in its entirety and replaced with the attached Appendix C
5. Appendix D is hereby deleted in its entirety and replaced with the attached Appendix D.
b. Appendix E is hereby deleted in its entirety and replaced with the attached Appendix E.
7. Appendix F is hereby deleted in its entirety and replaced with the attached Appendix F.
8. Appendix G is hereby deleted in its entirety and replaced with the attached Appendix G.
9. Appendix H is hereby deleted in its entirety and replaced with the attached Appendix H.
10. Appendix I is hereby deleted in its entirety and replaced with the attached Appendix I.
11. Appendix J is hereby added to this Agreement.
12. Appendix K is hereby added to this Agreement.
This Amendment No. 11, 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.
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 yearfiirst above written.
CI -12M HIL N EERS,_ INC. CITY AYETTE I LE, A
By: By: l
Name: St a Meininger N ioneld rd , Mayor
Title: Senior Vice President Title: Mayor
Date: _ Date: 1 1- ? '
ATTEST:
Name: Lisa Branson `���`�,; •' QCT• �T•��
Title: Deputy Cit Clerk ; F yF�. yo
Date: "��' . C
-,(.Nsas .�
AGREEMENT
For
OPERATIONS, MAINTENANCE, AND MANAGEMENT SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
CH2M HILL ENGINEERS, INC.
THIS AGREEMENT (hereinafter "Agreement") and associated appendices are made as of day of
209 by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter "City
of Fayetteville") and CH2M HILL Engineers, Inc., a wholly owned subsidiary of Jacobs Engineering
Group, Inc. (hereinafter "CH2M HILL") with company Tax ID ending in 0027.
The City of Fayetteville requires professional operation, maintenance, management and engineering
services for wastewater treatment facilities and systems owned by the City of Fayetteville. Therefore, City
of Fayetteville and CH2M HILL mutually agree that CH2M HILL shall serve as such.
The City of Fayetteville and CH2M Hill agree the following Appendices are hereby included with this
Agreement:
• 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 — Monthly Reports
• Appendix K - CH2M Hill's Travel Policy
SECTION 1: AUTHORIZATION OF SERVICES
1.1 Definitions of words or phrases used in this Agreement are contained in Appendix B.
1.2 All grounds, facilities, equipment, and vehicles now owned by City of Fayetteville or acquired by
City of Fayetteville shall remain the property of City of Fayetteville.
Revised January 2020 Agreement— Page I of 10 Last Updated 10.23.19
1.3 This Agreement shall be governed by and interpreted in accordance with the laws of the State of
Arkansas and venue shall be in Washington County, Arkansas.
1.4 This Agreement shall be binding upon the successors and assigns of each of the parties.
1.5 All notices shall be in writing and transmitted by certified mail to:
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
CH2M HILL
9191 South Jamaica St.,
Englewood, CO 80112
ATTN: Contracts Manager
1.6 Changes, modifications, or amendments in scope, price or fees to this Contract shall not be
allowed without formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, cost, fees, or delivery schedule.
1.7 This Agreement, including Appendices, is the entire Agreement of the parties. This Agreement
may be modified only by written agreement signed by both parties. Wherever used, the terms
"CH2M HILL" and "City of Fayetteville" shall include the respective officers, agents, directors,
elected or appointed officials, and employees.
1.8 The Utilities Director or his/her designee is the City of Fayetteville's project representative with
respect to the services performed under this Agreement. He/she shall have complete authority to
transmit instructions, receive information, interpret and define City policies and decisions with
respect to materials, equipment, elements, and systems to be used in the Project, and other matters
pertinent to the services covered by this Agreement. All sub -consultants and sub -contractors
shall adhere to conditions listed in this agreement.
SECTION 2: SCOPE OF SERVICES — CH2M HILL
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.2 Operate and maintain all facilities over a 24-hour per day, 7 -day per week period, under full
service contract operations and maintenance. Operations may be performed with on-site staff
and/or remote monitoring/on-call services for all or portions of this time.
2.3 The detailed Scope of Services to be furnished by CH2M HILL is included in Appendix C
attached hereto and made part of this Agreement.
SECTION 3: SCOPE OF SERVICES - CITY OF FAYETTEVILLE
3.1. Provide full information as to City of Fayetteville's requirements for the Project in writing.
3.2. The detailed Scope of Services to be furnished by City of Fayetteville is included in Appendix C
attached hereto and made part of this Agreement.
SECTION 4: ACCOUNTING, REPORTING & COMPENSATION
4.1 The City acknowledges CH2M HILL is utilizing a cash basis method of accounting and
reporting.
Revised January 2020 Agreement-- Page 2 of 10 Last Updated 10.23.19
4.2 The detailed Compensation for Services to be furnished by City of Fayetteville during the Project
is included in Appendix D attached hereto and made part of this Agreement.
4.3 CH2M HILL and City of Fayetteville agree that CH2M HILL will provide a monthly report in a
format, as further defined in Appendix J , reflecting estimated to actual cost, and will submit the
report within thirty (30) calendar days after the end of the monthly period. The year end
reconciliation shall be performed following CH2M HILL's annual audit and shall be submitted
within ninety (90) calendar days of the end of the contract year. If invoices are received after the
reconciliation, these costs will be applied to the current contract year. Any difference due to City
of Fayetteville or CH2M HILL will be paid within thirty (30) calendar days of the annual
reconciliation completion.
SECTION 5: PAYMENT OF COMPENSATION
5.1 Invoices for Direct Labor, Fixed Management Fee, Direct Expenses and Engineering Services
will be submitted in accordance with Appendix D.2. Monthly statements for each calendar month
shall be submitted to City of Fayetteville or such parties as City of Fayetteville may designate for
services consistent with CH2M HILL's non -nal billing schedule. Once established, the billing
schedule shall be maintained throughout the duration of the Project. Applications for payment
shall be made in accordance with a format to be developed by CH2M HILL and approved by City
of Fayetteville.
5.2 All other compensation to CH2M HILL is due upon receipt of CH2M HILL's invoice and
payable within thirty (30) calendar days, however, payment within 30 calendar days is not
guaranteed.
SECTION 6: INDEMNITY, LIABILITY, AND INSURANCE
6.1 During the course of performance of these services, each party will maintain insurance coverages
as follows:
6.1.1 CH2M HILL shall maintain:
6.1.1.1 Statutory workers' compensation for all CH2M HILL's employees at the Project as required
by the State of Arkansas.
6.1.1.2 Comprehensive general liability insurance in an amount not less than 55,000,000.00
combined single limits for bodily injury and/or property damage.
6.1.1.3 Business Automobile Insurance providing One Million Dollars ($I,000,000) combined single
limits covering claims for injuries to members of the public and/or damages to property of
others arising from the use of Contractor owned or leased motor vehicles, including onsite
and offsite operations.
6.1.1.4 Professional Liability Insurance in an amount of One Million Dollars ($1,000,000) in the
aggregate.
6.1.2 City of Fayetteville shall maintain:
6.1.2.1 Property damage insurance for all property including vehicles and equipment owned by City
of Fayetteville and operated by CH2M HILL under this Agreement.
Revised January 2020 Agreement—Page 3 of 10 Last Updated 10.23.19
6.1.2.2 Automobile liability insurance for all vehicles and equipment owned by City of Fayetteville
and operated by CH2M HILL under this Agreement. The City of Fayetteville is covered by a
plan with the Arkansas Municipal League.
6.2 CH2M HILL shall indemnify City of Fayetteville for damages, injury, or loss which may arise
from CH2M HILL's negligent operations or intentional acts under this Agreement, to the
proportion such negligence or act contributed to the damages, injury, or loss, whether such
negligent operation or intentional act be by CH2M HILL or by a subcontractor of CH2M HILL.
6.3 CH2M HILL shall be liable for those fines or civil penalties, which may be imposed by a
regulatory agency for violations of the effluent quality requirements specified in the City of
Fayetteville's NPDES discharge permits, that are a result of CH2M HILL's negligent operation.
City of Fayetteville will assist CH2M HILL to contest any such fines in administrative
proceedings and/or in court prior to any payment by CH2M HILL. CH2M HILL shall pay the
costs of contesting any such fines.
6.4 The City of Fayetteville agrees (without waiving its statutory immunity) to hold harmless,
indemnify and defend CH2M HILL from and against any and all claims, losses, damages,
liabilities and costs including costs of defense arising out of or caused by CH2M HILLS' non -
negligent operation of the wastewater facilities which nevertheless resulted in the presence,
discharge, release or escape of hazardous substance(s) that damaged third parties. CH2M HILL
shall have the initial duty to prove that any presence, discharge, release or escape of hazardous
substance that damaged third parties was not caused by it or its employees' or its subcontractors'
negligence, mistake, or intentional act before the City of Fayetteville must indemnify CH2M
HILL for any resulting damages and costs.
6.5 Nothing contained herein shall constitute a waiver of any statutory, legal or equitable defenses the
City of Fayetteville may have as a municipality, including but not limited to tort immunity under
State statute.
6.6 City of Fayetteville and CH2M HILL waive all rights against each other and their officers,
directors, agents, or employees for damage covered by property insurance during and after the
completion of CH2M HILL's services. If the services result in a construction phase, a provision
similar to this shall be incorporated into all construction contracts entered into by City of
Fayetteville, and all construction contractors shall be required to provide waivers of subrogation
in favor of City of Fayetteville and CH2M HILL for damage or liability covered by any of CH2M
HILL's construction insurance policy.
6.7 In no event shall either party be liable to the other party for special, indirect or consequential
damages, whether such liability arises in breach of contract or warranty, tort including
negligence, strict or statutory liability, or any other cause of action.
SECTION 7: TERM AND TERMINATION
7.1 The original contract was awarded January 1, 2010 with a five (5) year term ending on December
31, 2014 followed by the first five (5) year option term from January 1, 2015 to December 31,
2019. This second five (5) year option commences on January 1, 2020 and ends on December 31,
2024. Annual amendments for scope, budget and appendices shall be agreed upon by all parties
for each calendar year. Amendments can be made effective by written agreement of the parties a
minimum of ninety (90) calendar days prior to the expiration of the previous contract period. Any
Revised January 2020 Agreement —Page 4 of 10 Last Updated 10.23.19
amendments shall be subject to and contingent upon annual budget approval by the City of
Fayetteville.
7.2 Either party may terminate this Agreement for a material breach of the Agreement by the other
party after giving written notice of breach and allowing the other party thirty (30) calendar days
to correct the breach. Neither party shall terminate this Agreement without giving the other party
thirty (30) calendar days' written notice of intent to terminate after failure of the other party to
correct the breach within thirty (30) calendar days.
7.3 CH2M HILL will exercise reasonable skill, care, and diligence in the performance of CH2M
HILL's services and will carry out its responsibilities in accordance with customarily accepted
operating practices. City of Fayetteville will promptly report to CH2M HILL any defects or
suspected defects in CH2M HILL's services of which City of Fayetteville becomes aware, so that
CH2M HILL can take measures to minimize the consequences of such a defect.
7.4 Upon notice of termination by City of Fayetteville, CH2M HILL shall assist City of Fayetteville
in resuming operation of the Project. The City of Fayetteville reserves the right to unilaterally
extend the contract of the same terms and conditions, for a period not to exceed three (3) months
from the date of termination. The term of this period shall be determined within the termination
notice. CH2M HILL will cooperate in- good faith to effectuate a smooth and harmonious
transition from CH2M HILL to the City of Fayetteville. If additional cost is incurred by CH2M
HILL at request of City of Fayetteville, City of Fayetteville shall pay CH2M HILL such cost in
accordance with Paragraph 5.2.
SECTION 8: SPECIAL CONDITIONS
8.1 Audit: Access to Records
8.1.1 CH2M HILL shall maintain books, records, documents and other evidence directly pertinent to
performance on work under this Agreement in accordance with generally accepted accounting
principles and practices consistently applied in effect on the date of execution of this Agreement.
CH2M HILL shall also maintain the financial information and data used by CH2M HILL in the
preparation of support of the cost submission required for any negotiated agreement or change -
order and send to City of Fayetteville a copy of the cost summary submitted. CH2M HILL will
provide information within 30 calendar days of the City's request. City of Fayetteville, the State
or any of their authorized representatives shall have access to all such books, records, documents
and other evidence for the purpose of inspection, audit and copying during normal business hours.
CH2M HILL will provide proper facilities for such access and inspection.
8.1.2 Records under Paragraph 8. 1.1 above, shall be maintained and made available for a period of five
(5) calendar years. In addition, those records which relate to any controversy arising out of such
performance, or to costs or items to which an audit exception has been taken, shall be maintained
and made available until three years after the date of resolution of such appeal, Iitigation, claim or
exception.
8.1.3 All records and supporting documentation kept by CH2M HILL with respect to this Agreement
(including without limitation all agreements, contracts, subcontracts, invoices, materials, etc.)
shall be kept according to generally recognized accounting principles and made available for
examination, audit or inspection purposes at any time upon request. CH2M HILL will submit or
assist with submission of any annual or other reports that may be required by any applicable Iaw,
rule, regulation, code, or ordinance of the City and any other county, state, or federal agency or
Revised January 2020 Agreement— Page 5 of 10 Last Updated 10.23.19
entity associated with or otherwise implicated by this Agreement. If any litigation, claim,
negotiation, audit, monitoring, inspection or other action has been started before the expiration of
the foregoing required record retention period, Contractor shall retain the records required
hereunder until completion of the action and resolution of all issues which arise from it, or the
end of the required period, whichever is later.
8.2 Covenant Against Contingent Fees
8.2.1 CH2M HILL warrants that no person or selling agency has been employed or retained to solicit or
secure this Agreement upon an agreement of understanding for a commission, percentage,
brokerage or continent fee, excepting bona fide employees or bona fide established commercial or
selling agencies maintained by CH2M HILL for the purpose of securing business. For breach or
violation of this warranty, City of Fayetteville shall have the right to annul this Agreement
without liability or at its discretion, to deduct from the contract price or consideration, or
otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
8.3 Gratuities
8.3.1 If City of Fayetteville finds after a notice and hearing that CH2M HILL or any of CH2M HILL's
agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or
otherwise) to any official, employee or agent of City of Fayetteville, in an attempt to secure an
agreement or favorable treatment in awarding, amending or making any determinations related to
the performance of this Agreement, City of Fayetteville may, by written notice to CH2M HILL,
terminate this Agreement. City of Fayetteville may also pursue other rights and remedies that the
law or this Agreement provides. However, the existence of the facts on which City of
Fayetteville bases such finding shall be in issue and may be reviewed in proceedings under the
Remedies clause of this Agreement.
8.3.2 In the event this Agreement is terminated as provided in Paragraph 8.3.1, City of Fayetteville may
pursue the same remedies against CH2M HILL as it could pursue in the event of a breach of the
Agreement by CH2M HILL, in addition to any other damages to which it may be entitled by law.
8.4 Entire Agreement
8.4.1 This Agreement, including Appendices listed in Appendix A, represents the entire Agreement
between CH2M HILL and City of Fayetteville relative to the Scope of Services herein. Since
terms contained in purchase orders do not generally apply to professional services, in the event
City of Fayetteville issues to CH2M HILL a purchase order, no preprinted terms thereon shall
become a part of this Agreement. Said purchase order document, whether or not signed by
CH2M HILL, shall be considered as a document for City of Fayetteville's internal management
of its operations.
8.5 Arkansas Freedom of Information Act
8.5.1 City of Fayetteville contracts and documents, including internal documents and documents of
subcontractors and sub -consultants, prepared while performing City contractual work are subject
to the Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is
presented to the City of Fayetteville, CH2M HILL will do everything reasonably possible to
provide the documents to City of Fayetteville in a prompt and timely manner as prescribed in the
Arkansas Freedom of Information Act (A.C.A. §25-19-101 et seq.). Only legally authorized
photocopying costs pursuant to the FOIA may be assessed for this compliance.
Revised January 2020 Agreement — Page 6 of 10 Last Updated 10.23.19
8.6 In the event that activities by City of FayettevilIe's employee groups or unions cause a disruption
in CH2M HILL's ability to perform at the Project, City of Fayetteville, with CH2M HILL's
assistance or CH2M HILL, at its own option, may seek appropriate injunctive court orders.
During any such disruption, CH2M HILL shall operate the facilities on a best-efforts basis until
any such disruptions cease.
8.7 Neither party shall be liable for its failure to perform its obligations under this Agreement if
performance is made impractical, abnormally difficult, or abnormally costly, due to any
unforeseen occurrence beyond its reasonable control. The party invoking this Force Majeure
clause shall notify the other party immediately by verbal communication and in writing by
certified mail of the nature and extent of the contingency within ten (10) working days after its
occurrence.
8.8 Neither party shall, without the written agreement of the other party, offer employment to each
other's employees during the term of this Agreement and for a period of two (2) years after the
end of this Agreement.
8.9 The City of Fayetteville and CH2M HILL shall make every effort to procure equipment,
materials, and services for the best value. Procurement shall be through the City of Fayetteville's
or CH2M HILL's available purchasing agreements.
8.10 Revenue Generation
8.10.1 CH2M HILL shall provide support to the City of Fayetteville in the development and
implementation of certain activities associated with revenue generation opportunities for the City
of Fayetteville. Initially, these opportunities may include, but are not limited to:
8.10.1.1 The sale of hay from the farm site.
8.10.1.2 Processing and disposal of biosolids and water treatment residuals (WTR) for outside entities.
8.10.1.3 Marketing and sale of dried biosolids
8.11 Engineering Services -
8.11.1 Cost opinions and projects prepared by CH2M HILL relating to construction costs and schedules,
operation and maintenance costs, equipment characteristics and performance, and operating
results are based on CH2M HILL's experience, qualifications, and judgment as an engineering
professional. Since CH21VI HILL has no control over weather, cost and availability of labor,
material and equipment, labor productivity, construction Contractors' procedures and methods,
unavoidable delays, construction Contractors' method of determining prices, economic
conditions, competitive bidding or market conditions, and other factors affecting such cost
opinions or projections, CH2M HILL does not guarantee that actual rates, costs, performance,
schedules and related items will not vary from cost opinions and projects prepared by CH2M
HILL.
8.11.2 Recognizing the importance of professional development on the part of the CH2M HILL's
employees and the importance of CH2M HILL's public relations, CH2M HILL may prepare
publications, such as technical papers, articles for periodicals, and press releases, pertaining to
CH2M HILL's services for the Project. Such publications will be provided the City of
Fayetteville in draft form for advance review. City of Fayetteville shall review such drafts
promptly and provide city of Fayetteville's comments to CH2M HILL. City of Fayetteville may
Revised January 2020 Agreement –Page 7 of 10 last Updated 10.23.19
require deletion of proprietary data or confidential information from such publications, but
otherwise City of Fayetteville will not unreasonably withhold approval.
8.11.3 City of Fayetteville's review, approval, or acceptance of design drawings, specifications, reports
and other services furnished hereunder shall not in any way relieve CH2M HILL of responsibility
for the technical adequacy of the work. Neither City of Fayetteville's review, approval or
acceptance of, nor payment for any of the services shall be construed as a waiver of any rights
under the Agreement or of any cause of action arising out of the performance of this Agreement.
8.11.4 Engineering documents, computer models, drawings, specifications and other hard copy or
electronic media prepared by CH2M HILL as part of the Services shall become the property of
City of Fayetteville when CH2M HILL has been compensated for all Services rendered, provide,
however, that CH2M HILL shall have the unrestricted right to their use. CH2M HILL shall,
however, retain its rights in its standard drawings details, specifications, databases, computer
software, and other proprietary property. Right to intellectual property developed, utilized, or
modified in the performance of the Services shall remain the property of CH2M HILL.
8.11.5 Engineering services will be identified by both Parties as needed with a not to exceed fee related
to each scope of work. The City of Fayetteville will authorize engineering services by a written
document signed by all parties to include the scope, schedule and associated fees for the
requested work.
SECTION 9: DISPUTE RESOLUTION
9.1 The procedures of this paragraph shall apply to any and all disputes between City of Fayetteville
and CH2M HILL which arise from, or in any way are related to, this Agreement, including, but
not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors,
or omissions of City of Fayetteville or CH2M HILL in the performance of this Agreement, and
disputes concerning payment.
9.2 Exhaustion of Remedies Required: If timely notice is given under Paragraph 9.2.1, but an action
is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application
by either party to a court of proper jurisdiction, until the procedures in Paragraphs 9.2.1 and 9.2.2
have been complied with.
9.2.1 Notice of Dispute
9.2.1.1 For disputes arising prior to the making of final payment promptly after the occurrence of any
incident, action, or failure to act upon which a claim is based, the party seeking relief shall
serve the other party with a written notice;
9.2.1.2 For disputes arising after the making of final payment, City of Fayetteville shall give CH2M
HILL written notice at the address listed in Paragraph 1.5 within thirty (30) calendar days
after occurrence of any incident, accident, or first observance of defect or damage. In both
instances, the notice shall specify the nature and amount of relief sought, the reason relief
should be granted, and the appropriate portions of this Agreement that authorize the relief
requested. This paragraph shall not be construed to alter any limitation period set forth by
Arkansas law.
9.2.2 Negotiation
Revised January 2020 Agreement —Page 8 of 10 Last Updated 10.23.19
9.2.2.1 Within seven calendar days of receipt of the notice, the Project Managers for City of
Fayetteville and CH2M HILL shall confer in an effort to resolve the dispute. If the dispute
cannot be resolved at that level, then, upon written request of either side, the matter shall be
referred to the President or his/her designee of CH2M HILL and the Mayor of City of
Fayetteville or his/her designee. These officers shall meet at the Project Site or such other
location as is agreed upon within thirty (30) calendar days of the written request to resolve
the dispute.
9.3 Controlling Law
9.3.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the State of
Arkansas without regard to any conflicts of law provisions.
9.4 Venue for Legal Actions
9.4.1 Any controversy, claim, counter -claim, or dispute between the parties to this Agreement
involving the construction or application of any of the terms, covenants or conditions of this
agreement that is not resolved through negotiation shall be decided in a court of competent
jurisdiction in Washington County, Arkansas.
10. ASSIGNMENT
10.1 Neither party will have the power to or will assign any of the duties or rights or any claim arising
out of or related to this Agreement without the prior written consent of the other party. Any
unauthorized assignment is void and unenforceable. These conditions and the entire Agreement is
binding on and inures to the benefit of the parties and their respective permitted successors, and
assigns.
IN WITNESS WHEREOF, City of Fayetteville, Arkansas by and through its Mayor, and CH21A HILL,
by its authorized officer have made and executed this Agreement as of the day and year first above
written.
CH2M HILL ENGINEERS, INC.
By: "A�
Steve. eininger
///4// 9
Title: Senior Vice President
CITY OF7FYETTEVILLE, ARKANSAS
ATTEST:
By:
Lisa Branson, Deputy City Cle`�n'tG z�
END OF AGREEMENT FOR OPERATIONS, MAINTENANCE, AND MANAGEME��fig-�tvici�///F, w
��i •:�`�q Nr Ns •• `:
Revised January 2020 Agreement _ Page 9 of 10 Last Updated l o'2poN CO,``�
rruut►�
Appendices to Operations, Maintenance, and
Management Services Agreement Between
City of Fayetteville, AR and
CH2M Hill Engineers, Inc.
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 ]74-oEnvironmental 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 - Monthly Reports
Appendix K .-- CH2M Travel Policy
Appendix A - I of I -- Last Updated 10.23.19
Appendix B
DEFINITIONS
B.I "Adequate Nutrients" means plant influent nitrogen, phosphorus and iron contents proportional to
BOD, 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 BOD,,.
B.2 "Base Fee" means all costs within the scope of the contract, on an annual basis, including direct
costs, labor, utilities (other than electricity), 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.
BA "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 (other than electricity), equipment,
maintenance, repair, and outside services
B.6 "Cost Center" is defined as each columned category of the cost detail, presented in Appendix D,
which describes the separate functions and locations to which costs may be charged for
accounting, reporting or billing purposes.
B.7 "Electrical Evaluation" will be limited to amperage draws, winding resistance measurements,
thermographic evaluations, and current and voltage imbalance
B.8 "Emergency Situation" is hereby defined as an emergency affecting the safety of persons or
property, or regulatory compliance where CH2M HILL shall act to prevent threatened damage,
injury or loss.
B.9 "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.10. "Fixed Management Fee" means a fee for indirect costs of managing the operation beyond the
direct costs of materials and labor.
B.1 I "Load Shedding" is defined as the deliberate shutdown of electric power being provided by the
grid and generating on-site power for the treatment facilities, generally to reduce demand strains
from the grid on the capacity of the system.
B.12 "Maintenance" means the cost of those routine and/or repetitive activities required by the
equipment or facility manufacturer during the warranty period or as recommended by CH2M
HILL after the warranty period has expired to maximize the service life of the equipment,
Appendix B - 2 of 2
vehicles, and facilities as listed in Appendix E.
B.13 "Operational Technology" (OT) encompasses information technology (IT) support, components
and software in an industrial control system (ICS) environment. OT, as a practice, relates to the
access and control of physical assets, which differs from IT because it relates to the access and
control of data.
B.14 "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.
B.15 "Project' means all equipment, vehicles, grounds and facilities described in Appendix E.
B.16 "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.
B.17 "Reliability Centered Maintenance" means a process used to determine what must be done to
ensure the physical assets continue to do what its users want in its present operating context.
Appendix B - 3 of 2
Appendix C
SCOPE OF SERVICES
CA SCOPE OF SERVICES — CH2M
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 of all applicable City
NPDES permits as specified in Appendix F. Maintain compliance with other existing
environmental permits as described 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
or as required by the Arkansas Department of Environmental Quality (ADEQ).
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 City, except for electronic reporting via NetDMR, which shall be
performed by CH2M HILL. Any fines levied because of late reports as a result of CH2M HILL
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 no later than 5 business days
prior to the reporting period due date shall be considered timely.
C.1.9 Provide for proper disposal of screening, scum, grit, and biosolids in compliance with permit and
regulatory requirements. Should regulations and/or disposal/application options significantly
change, projected costs will be revised by mutual agreement.
C.I.10 Be responsible for all laboratory testing and sampling presently required by the NPDES permits,
stormwater permits, "no discharge" permits, and other related requirements or permits.
C.1.1 l Maintain an inventory of vehicles and equipment (rolling stock), to be identified and referenced
as Appendix H, being used for the Project and provide to the City upon request.
C.1.12 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
Appendix C - 4 of 7
of Fayetteville's representative. Keys, key fobs, or other access equipment for Project shall be
provided to City of Fayetteville by CH2M HILL. All visitors to the Project, including City of
Fayetteville employees, shall comply with CH2M HILL's operating and safety procedures.
C.1.13 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.1.14 Provide training for personnel in areas of regulatory requirements, operation, maintenance, safety,
supervisory skills, laboratory, cybersecurity and sustainable practices. Continue the current
project safety program with updates as necessary.
C.1.15 Provide computerized maintenance, process control, and laboratory management systems to
maintain documentation, accountability and transparency to allow City of Fayetteville to see if
the equipment is being maintained appropriately.
C.1.16 Comply with the requirements of City of Fayetteville regarding affirmative action provisions for
minority hiring.
C.1.17 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.1.18 Manage and comply with all manufacturers' warranties on equipment purchased for the project
and assist the City of Fayetteville in enforcing existing equipment warranties and guarantees.
After the expiration of the warranty, CH2M HILL shall perform maintenance at a level adequate
for the efficient, long-term reliability of the equipment and facilities. CH2M HILL will provide
City of Fayetteville with full documentation that preventative maintenance is being performed on
all City of Fayetteville equipment in accordance with CH2M HILL's best practices and standards.
Maintenance program shall include documentation of corrective and preventive maintenance and
a spare parts inventory to be consistent with the "Reliability Centered Maintenance" model.
C.1.19 Provide for repairs as described in Appendix B.16.
C.1.20 Maintain the SCADA system located at the addresses listed in Appendix E. Upgrades,
modifications, and/or additions to the SCADA system shall adhere to industry standards and best
practices such as: NIST, NEC, ISA, IEC, IEEE.
C.1.21 CH2M HILL shall provide the following as related to the SCADA system:
C.1.21.1 Ongoing updates and upgrades of the software and hardware to ensure
operational continuity in accordance with the definitions of maintenance and capital expenditures
as agreed upon by the City of Fayetteville and CH2M HILL.
C.1.21.2 CH2M HILL shall be responsible for evaluating and applying hardware firmware
and software security patches released from vendor within the next maintenance window
(performed bi-annually). Evaluation shall include, but not be limited to reviewing vendor release
notes, installing and testing upgrades on lab equipment or a limited subset of active equipment.
Hardware firmware and software patches, which do not adversely affect plant control, shall be
applied at the next maintenance window. Hardware firmware and software security patches,
which adversely affect plant control, shall be reviewed with the City to determine the path
Appendix C - 5 of 7
forward. Critical security patches for firewalls and edge devices shall be applied within thirty
days of release from vendor.
C.1.21.3 CH2M HILL is responsible for maintaining the SCADA environments including
but not limited to: (1) SCADA Wireless and Telemetry equipment, (2) Programmable Logical
Controllers and Remote Terminal Units (PLCs/RTUs) and (3) all communications media between
sites and TSP connectivity, (4) SCADA software, (5) SCADA servers, and (6) SCADA network
equipment.
C.1.21.4 SCADA components shall be protected by UPS uninterrupted power supply to
prevent loss of connectivity during brief power loss.
C.1.21.5 SCADA diagrams shall be kept current and any as -built drawings shall be
incorporated into a change management document and network diagram. Updates regarding
SCADA diagrams shall be provided to the City of Fayetteville as requested. SCADA updates
shall include but not be limited to: issues, equipment replacements, improvements, etc.
C.1.21.6 SCADA equipment shall be installed in environmentally appropriate cabinets and
properly secured.
C.1.21.7 SCADA modifications shall follow the SCADA network design plan as approved
and modified by CH2M HILL and the City of Fayetteville.
C.1.22 CH2M HILL shall operate and maintain the operational technology (OT) components of the
industrial control system (ICS) in its current state.
C.1.22.1 OT encompasses the following components of the ICS:
C.1.22.1.1 Networks — switches, routers, firewalls, media converters,
communications equipment
C.1.22.1.2 Computers — Physical servers, virtual servers, windows server operating
systems, workstations, and thin clients
C. 1.22.1.3 Backups, antivirus, network time servers, disaster recovery, network
monitoring, remote access, and cybersecurity.
C.1.22.2 CH2M HILL shall operate and maintain the OT environment based on accepted
industry standards, guidelines, and best practices. Age of the ICS and component
limitations may inhibit CH2M HILL's ability to apply all guidelines and best
practices to the system. CH2M HILL shall put forth best effort to adhere to
guidelines given the limitations of the existing system.
C.1.22.3 The following ICS networking standards, guidelines and industry best practices
shall be used as a basis for operation and maintenance of the OT environment:
NIST Framework for Improving Critical Infrastructure Cybersecurity and NIST
SP -800-83 "Guide to Industrial Control Systems Security", at a minimum,
Revision 2.
C.1.22.4 There shall be a clear delineation (physically and logically) between the ICS and
all other networks. CH2M HILL shall be responsible for the operation and
maintenance of the OT components that exist within the ICS and in the de -
Appendix C - 6 of 7
militarized zone between the ICS and other networks. CH2M HILL operations
and maintenance of the OT environment shall be limited to:
C.1.22.4.1 ICS/OT Networks — Physical components and logical
configurations
C.1.22.4.2 ICS/OT Server Infrastructure -- Physical servers and virtual servers
C.1.22.4.3 ICS/OT Software - Active Directory, anti-virus, backups, remote
access solutions, management solutions, HMI, PLC programming
software, configuration management and domain registrations.
C.1.22.5 Any expansion of operational technology (OT) components of the industrial
control system (ICS) system performed by CH2M HILL shall be compensated
with a formal contract amendment agreed to by both parties in advance of such
expansion.
C.1.22.6 CH2M HILL shall develop a change management program to help control the
lifecycle of strategic, tactical, and operations changes to the OT environment.
The goal of change management is to control risk and minimize disruption to
associated OT services. The plan will manage baseline hardware, software, and
firmware, and any changes to the ICS system. The plan shall include the City of
Fayetteville's IT personnel in the change control process for informational
purposes.
C.1.23 CH2M HILL and the City of Fayetteville shall partner to ensure ICS/OT cybersecurity is
maintained. CH2M HILL understands its fiduciary obligation to put forth best effort to operate
and maintain good ICS/OT cybersecurity. A good cybersecurity posture is difficult to maintain
given the ever-changing nature of the threat landscape. Budget and physical
component/architecture limitations affect CH2M HILL's ability in this regard and CH2M HILL
shall not be held liable for cybersecurity breaches with the exception of breaches resulting from
CH2M HILL's negligence.
C.1.24 Annual review between CH2M HILL and City of Fayetteville shall be conducted to review past
12-18 months of progress, issues, replaced equipment, and projected improvements expected over
the next calendar year and to be included in the annual budget. Project listing should contain
location, description of CIP item, progress and estimated costs. Listing provided shall be
established and presented by priority and should include sourcing method determined after City
discussion (City bid, cooperative purchase, etc.).
C.1.25 Verify the capacity and efficiency of each sewer lift station once per calendar year and provide
results to the City within thirty (30) calendar days of verification.
C.1.26 Provide recommendations for Capital Improvements Program (CIP) with a schedule for
improvements and expenditures as requested by the City of Fayetteville. On an annual basis, 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 review of the City of Fayetteville's Wastewater Facility
Plan. However, these recommendations do 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:
Appendix C - 7 of 7
• Improvement needed
• Justification of improvements
• Cost of improvements
• Any projected increase or decrease in 0&M costs created by the CIP, if applicable
• Proposed expenditure schedule
• Proposed capital recovery schedule, if applicable
• Impact of early termination
Sustainable upgrades to equipment should be disclosed upon providing recommendations
for replacement along with the expected cost for upgrading to a more sustainable piece of
equipment.
C.1.27 Any services requested by the City of Fayetteville which are not part of the Scope of Services
shall be executed by formal written agreement with fees and cost subject to negotiation.
C.1.28 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. Outside services, services
by CH2M HILL personnel not assigned to this project, or excessive overtime hours incurred by
assigned personnel which exceed the regulatory labor taws 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 eighteen percent
(18%).
C. I.29 Provide City of Fayetteville with oral and written reports as requested.
C.1.30 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 pipe works shall terminate at the wall of lift station.
C.1.31 Conduct annual electrical evaluations of electrical units of 25 horsepower or more which operate
at supply voltages of 480V or less to ground.
C.1.32 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.1.33 Coordinate and schedule the use of training rooms at both wastewater treatment facilities.
C.1.34 Conduct community outreach and education activities including cooperative efforts with the
University of Arkansas as appropriate.
C.1.35 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. 1.36 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.
Appendix C - 8 of 7
C.1.37 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. Operate and maintain the biosolids drying operation. Coordinate the
marketing and/or disposal of the dried biosolids produced from the drying operations as
appropriate.
C.1.38 Operate and maintain existing onsite power generators at all existing sites, including maintaining
compliance with off-peak power rate structure monitoring and generation requirements. Perform
and document weekly generator tests. -
C. 1.39
ests.-C.1.39 Coordinate the application of alum sludge from Beaver Water District.
C.1.40 Check the condition of and replace the odor canisters (as listed in Appendix E) 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 Operations Division.
C.1.41 Provide site monitoring and property maintenance activities as approved and directed by the City
for Woolsey Wet Prairie adjacent to the West Side Water Resource Recovery Facility to ensure
the site continues to meet ecological performance standards. These services include execution of
seasonal Adaptive Management strategy including recommended herbicide applications, site
maintenance & monitoring, monthly reporting, prescribed bum site preparations, land
management best management practices (BMP) to adjacent City of Fayetteville properties.
Services exclude permit compliance over -sight, permit reporting and prescribed burn scheduling
and execution.
C.1.42 Provide site monitoring and property maintenance activities as approved and directed by the City
for environmentally sensitive sites at the water resource recovery facilities and the White River
strcambank restoration sites.
C.1.43 Provide incidental small-scale support as approved and directed by the City of Fayetteville to
various not-for-profit groups on issues important to the City of Fayetteville.
C.1.44 Explore, innovate, and develop solutions to support sustainability by reviewing the impact of
climate changes, resource re -use and recycling, water resource management; energy source
management and environmental protection and enhancement aligned with City of Fayetteville
and CH2M HILL corporate sustainability goals.
C.1.45 All applicable taxes for property and equipment owned by CH2M HILL shall be borne by CH2M
HILL.
C.1.46 Provide all licenses for vehicles owned by CH2M HILL and used in connection with the Project.
C.1.47 Pay for natural gas at all facilities other than wastewater lift stations.
C.1.48 CH2M HILL shall facilitate an annual contract fee discussion with the City of Fayetteville to
collaborate changes in costs for the next contract renewal.
C.1.49 CH2M HILL shall provide a monthly listing of all items or equipment purchased to enable
the City of Fayetteville to evaluate its applicability as a fixed asset to be recorded on the
City's books.
Appendix C - 9 of 7
C.2 SCOPE OF SERVICES — CITY OF FAYETTEVILLE
C.2.1 Provide for all Capital Expenditures, as defined in Appendix B.
C.2.2 Maintain all existing and necessary Project warranties, guarantees, easements, permits, and
licenses that have been granted to City of Fayetteville.
C.2.3 Pay all applicable taxes or franchise fees associated with the Project.
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 owned by the City of Fayetteville and 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 and electricity and water for all facilities.
C.2.8 Pay for all gasoline, diesel, and propane for backup power generators and all rolling stock
provided by City of Fayetteville.
C.2.9 Pay for all regulatory fees.
C.2.10 Responsible for all billing and collection activities related to the industrial pretreatment program
(IPP) charges, septic hauler fee, hay sales, water treatment residual fees, and fertilizer sales.
Appendix C - 10 of 7
Appendix D
COMPENSATION FOR SERVICES
D.1 CH2M HILL estimates that Base Fee for services, on an annual basis, under this Agreement for
2020 shall be 57,250,876 Dollars (Seven Million Two Hundred Fifty Thousand Eight
Hundred and Seventy Six Dollars). Details of said cost are shown in D.5 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,
C112M HILL shall issue an invoice retroactively adjusting the previous Base Fee amount. CH2M
HILL will communicate to the City of Fayetteville of any funding issues by documentation in
monthly reports. Should the actual expenditures exceed the total estimated annual expenditures
by more than five percent (5%) in any year of this Agreement, approval will be obtained from the
City of Fayetteville.
D.2 CH2M HILL will invoice and reconcile budgets in accordance with the following schedules:
D.2.1 CH2M HILL will invoice a month in advance for the Direct Labor costs plus 15%
markup in 12 monthly equal installments payable at the start of the month in which services are
rendered. Actual labor costs will be reconciled within 30 days after the current contract year and
City of Fayetteville will either be invoiced or refunded the difference.
D.2.2 CH2M HILL will invoice a month in advance for the Fixed Management Fee in 12
monthly equal installments payable at the start of the month in which services are rendered. The
Fixed Management Fee will be adjusted annually in relation to the Base Fee.
D.2.3 CH2M HILL will invoice Direct Expense (non -labor) cost plus 10% the month after
the costs arc expensed. CH2M HILL will attempt to have all Direct Expense (non -labor) for the
current budget year are coded in the system within 90 days of the current contract year and will
submit the final Direct Expense (non -labor) invoice to the City of Fayetteville by April 1511 of
each year. If invoices are not received by the vendors during the close out period, then the costs
will be invoiced under the current year contract.
D.2.4 CH2M HILL will invoice Engineering Services the month after costs are incurred in
accordance with the approved scope and budget approved by the City.
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°/x) of the
amount of actual cost are below estimated cost. —
DA Cost Detail - The annualized estimated costs for calendar year 2020 are listed in Table D -l.
Appendix D - I of 2
vow
to
O
IJNf� N CMO M
0~O
U N
O 0O) N G N
toff
►� N
Cl) si 0 w r.
N
wwto
64
w
N m
'O
D) _r O co
f- CO
O
N
iK A
O
r
v N
tri
' Olaf
o
c
0000
t-
a
i 6, 69 L
�
w
m
LL O C
N O U-) r
UlM
a« `
rf 0^
w
c
LO
M
4
tAwhq
w
CL
oif o`l
r: o tri Lo
Ci tri
alo
m
M
CN �
w
v
a
77►
V
m
m N
U. t3 C
Cl) O O
r
Ci
Ict
mi
O
V-
N
m
m CL
O
CD
40 9 6M9 to
40
�.
O
IL
O
H
y
m C
LL C O
O w N m
p
N
V3 w A
O
r
CMH COD t17 0
. Qj
I
;
r-
E I
yy� m O
2
Ili
^ C6
tf� N N
N
CO)
i
0
W
v% a 6 »
w
c
mLO
LL Ew �
M
O
Occ
� of OI
e9 O
rcoM
W)O
M
T zn N
CIJ N
N
CL
v�119V�
r
IR
0
O
m
O O_
m
r m =3
U
m
0 L Q
N
O
m
m M x m m
M w Inc LL
c -
`o
o ` a m
yl
_
«
(?
OJOW tL
h
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 Water Resource
Recovery Facility 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 Water Resource
Recovery Facility located at:
15 South Broyles Avenue
Fayetteville, Arkansas 72704
E.1.3 All equipment, grounds, and facilities now existing within the present fenced boundaries of
wastewater lift stations described as follows:
SCADA
NODE
LOCATION
Generator
Site
Maintenance
Only
WWI
978 E Zion Rd (Lowe's -- Zion PS)
YES
WW2
3500 E Mission Blvd (Timbcrcrest PS)
YES
WW4
691 W Poplar St (Poplar PS - ABANDONED)
YES
WW5
3896 N Gregg Ave (Gregg Ave PS)
YES
WW6
3021 N Old Wire Rd (Old Wire PS)
NO
WW7
2065 N Sunshine Rd (Hamcstring PS)
YES
WW8
729 W North Street (North Street PS ABANDONED)
YES
WW9
1236 N Portcr Rd (Porter Rd PS)
YES
W W 10
716 N Futrall Dr (Futrall Dr PS)
YES
WW 11
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 (S(onebridge PS)
YES
WW 14
1820 S Armstrong Ave (Industrial Park PS)
YES
W W 16
518 W Ernest Lancaster Dr (Airport Nortlt PS)
YES
W`W 18
210 N Sandy (Greenland PS)
YES
WW 19
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
WW23
440 E Fairway Lane (Eliminated / demolished)
NO
NO
WW24
265 W Ernest Lancaster Dr (Airport East PS)
YES
Appendix E - Page 13 of 4
W W25
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)
YES
WW32
478 N Durango Place (Silverthome PS)
YES
WW33
4644 N Crossover Rd (Stonewood PS - Copper Creek)
YES
NVW34
4572 S School Ave (Airport 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
3710 E Zion Rd (Copper Creek Phase fl PS)
YES
WW39
2392 N Kenswick Ave (Crofton Manner PS)
YES
W W40
i 811 S Cherry Hills Dr (Stone Bridge Meadow Phase 11 PS)
YES
WW41
1608 S Springlake Dr (Crescent Lake PS)
YES
W W44
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
W W47
3601 E Albright Rd (Embry Acres PS)
YES
WW48
2435 S Dead Horse Mountain Rd (McDonald PS)
YES
WW49
3393 E GofFarm Rd (Meadows PS)
YES
WW52
485 N Broyles Ave (Broyles Ave PS)
YES
WW53
1396 Zion Rd (Office Park PS)
YES
WW55
461 N. Tacoma St. (Farmington Heights)
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 Water Resource Recovery Facility across the White River.
E.1.5 All equipment, grounds, and facilities associated with or being used to complete routine operation
and maintenance activities for the City of Fayetteville's Mitigated Wetlands Site now existing
within the present property boundaries located north of the West Side Water Resource Recovery
Facility and other mitigation / environmentally protected areas as mutually agreed to by both
parties.
Appendix E - Page 14 of 4
E.1.6 The potable water SCADA system at the following locations:
SCADA LOCATION
NODE
WI
W2
W4
W5
W6
W7
W8
W9
W10
W11
W12
W13
W14
W15
W16
W17
W18
W19
W20
W21
W22
W23
W24
W25
W27
W 28
W 29
W30
W31
W32
WSOPC
MTROB
215 W 24th St (South Mountain)
844 N Crossover Rd (Hyland Park)
1016 E Ash St
707 E Rogers Dr
456 E Baxter Ln
707 E Rogers Dr
133 N Sang Ave
1170 E South Skyline Dr
1044 E Township Rd
3280 W Judge Cummins Rd
7001 E Mission (Highway 45 Valve
1589 Fire Tower Road (Goshen)
I7301 Lake Sequoyah Rd (Round Mtn)
14360 Round Mt Comm Church Rd
22032 Fire Tower Rd County Rd 4343
3265 N Gulley Rd
3788 N Gulley Rd
3370 S Coach Rd
2098 Woodcliff Rd (Springdale)
2210 N Old Wire Rd
2800 N Old Missouri Rd
3385 N Par Ct
3023 E Joyce Blvd
2567 E Robinson (Springdale)
17385 Blue Springs Rd (Goshen)
17970 Lake Sequoyah Rd
Beaver Water District
1195 N. Cantebury Rd (Cantebury Tank)
2903 E. Flagstone Cir (Stonemountain)
Blue Springs Road PRV
2435 S Industrial Dr
12141 Ed Edwards Rd
DESCRIPTION
Pump Station
Pump Station
Pump Station
Pump Station
Ground Storage Tank (2 each)
Ground Storage Tank (2 each)
Elevated Storage Tank
Elevated Storage Tank (Mt. Sequoyah)
Elevated Storage Tank
Ground Storage Tank (2 ea) (Kessler Mountain)
Pressure -Reducing Valve Station)
Pump Station and Ground Storage Tank
Pump Station
Stand Pipe County Rd #55 (Round Mountain)
Stand Pipe (Benson Mountain)
Elevated Storage Tank
Pump Station
Pump Station
Surge Tank
Valve
Flow Meter
Valve
Valve
Pressure Sustaining Valves
Pump Station
Pump Station
SCADA Interface
Elevated Storage Tank
Pump Station
Valve
Water & Sewer Ops Center
Mt. Robinson Tower Site
Appendix E - Page 15 of 4
E.1.7 Provision and maintenance of Remote Terminal Units (RTU) at the following sites
located in the City of Elkins, Arkansas:
SCADA LOCATION DESCRIPTION
NODE
EWW 1 7500 E. Huntsville Road Wastewater Lift Station
EW 1 1800 S. VanHoose Drive Ground Storage Potable Water Tank
E.1.8 Provision and maintenance of the West Fork lift station at the following sites located in
or near the City of West Fork, Arkansas:
SCADA
# OF
CANISTERS
LS #6 - 3021 N Old Wire Rd Old Wire)
Site
NODE
LOCATION
Generator
Maintenance
LS #22 - 630 N Double Springs Rd Owl Creek
2
LS #52 - 485 N Broyles Ave (Broyles Ave)
Only
TBD
Expected at the end or2020
YES
E.1.9 Maintenance of the odor control system in the collection system associated with the
following lift stations:
LOCATION
# OF
CANISTERS
LS #6 - 3021 N Old Wire Rd Old Wire)
5
LS #7 - 2065 N Sunshine Rd (Hamestrin
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 16 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 current permits 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 BOD,, and/or suspended solids exceeds the Project design parameters
which are:
F.2 In the event any one of the Project influent characteristics, suspended solids, BOD,, or flow,
exceeds the parameters listed above, CH2M HILL shall return the plant effluent to the
characteristics required by the NPDES permit in accordance Nvith the following schedule after
Project influent characteristics return to within design parameters.
Characteristics
Exceeding Listed
Parameters B
Noland WRRF
West Side WRRF
5 days
Annual
Maximum
Annual Maximum
30d s
Monthly
Monthly
Average
Average
Average
Average
Flow MGD
12.6
18.8
10.0 17.8
BOD lbs/d
29,666
44,264
14,595 18,853
TSS (lbs/d)
23 198
34,613
I4,595 18,853
F.2 In the event any one of the Project influent characteristics, suspended solids, BOD,, or flow,
exceeds the parameters listed above, CH2M HILL shall return the plant effluent to the
characteristics required by the NPDES permit in accordance Nvith the following schedule after
Project influent characteristics return to within design parameters.
Characteristics
Exceeding Listed
Parameters B
Recovery Period
Maximum
10% or Less
5 days
> 10% but < 20%
10d s
20% and Above
30d s
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.
Appendix F - 17 of 2
F.4 The estimate Costs for services under this Agreement are based upon the following Project
characteristics:
Annual
Average
Noland
WRRF
West Side
WRRF
Flow (MGD)
7.14
8.70
BOD (lbs/d)
16,004
13,812
TSS (lbs/d)
10,764
1 15,367
The above characteristics are the actual twelve (12) months average July through June 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.5 The current applicable environmental permits are as follows:
Permit
AFIN No.
Permit No.
Expiration Date
NPDES -Noland
72-00781
AR0020010
12/31/2022
NPDES - West Side
72-01033
AR0050288
11/30/10
No Discharge Permit—Biosolids
Management Site & Noland
72-00829
4748 -WR -3
07/31/2020
Air - Hamestrin
72-01873
2179-A
NIA
Air - West Side
72-01033
2178-A
N/A
Air Noland
72-00781
2327-A-REG315
Registration Only
Stormwater No Exposure Certification
(NEC) - Noland
72-00781
ARROOC377
Renewal Pending
Stonnwater No Exposure Certification
(NEC) - West Side
72-01033
ARR000390
Renewal Pending
Appendix F - 18 of 2
Appendix G
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. This shall include an annual evaluation of the program
and notification to the City of Fayetteville of changes in Federal and State pretreatment
standards that may affect the Program.
G.1.2 Conduct a survey of the industrial user base one time per three (3) years. Update, as
required the list of current Significant Industrial Users (SIU's) according to the definition
of SIU in 40 CFR 403 or the definition in the approve pretreatment program, whichever
is more stringent.
G.1.3 Monitor the compliance status of the current Significant Industrial Users (SIU's) through
sampling, analysis, inspection, and record reviews. Each SIU shall be sampled and
inspected at the frequency established in 40 CFR 403 or the City of Fayetteville's
approved implementation manual, whichever is more stringent. Recommend appropriate
enforcement action to City of Fayetteville
G.1.4 Maintain the laboratory analysis program for each SIU. Results of all industrial sampling
and testing shall be reported to the City of Fayetteville as required, in a timely manner
G.1.5 Implement the approved industrial permitting system. Prepare SIU permits for issuance
or renewal within 90 days of the expiration date or within I80 days after the industry has
been determined to be a SIU.
G.1.6 Receive, review and act upon reports and notification from industrial users.
G.1.7 Notify the City of Fayetteville as soon as is practical but no later than three (3) business
days, verbally and followed by written confirmation, whenever an industry is suspected
of violating, or has violated the City of Fayetteville's industrial waste and/or sewer
ordinances. 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.1.8 . Track, determine, and publish industrial users in significant noncompliance.
G.1.9 Draft new, revised, and renewal industrial waste discharge permits for the SIU's for City
of Fayetteville signature.
G.1.10 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.1.11 Assist City of Fayetteville with review and revision of local limits, the sewer use
ordinances, the pretreatment program, and inter jurisdictional agreements. Advise the
City of Fayetteville of changes in federal and State Pretreatment Standards and
regulations and how the changes affect the local program. Request approval from the
City of Fayetteville and the Approval Authority prior to implementing significant
changes to the approved Program in accordance with 40 CFR 401.19 (C).
Appendix G - 19 of 2
G.1.12 Prepare for City of Fayetteville signature of the Industrial Pretreatment annual report for
submittal.
G.1.13 Maintain all industrial monitoring records for at least five (5) years.
G.1.14 Maintain open communication with the SIU's.
G.2 Significant costs due to new or changed Federal, State or local regulations shall cause a
discussion of change in contract scope.
G.3 Industrial Waste Dischargers and Monitoring Program in City of Fayetteville, AR:
Industry
Parameters Analyzed
Custom Powder Coating Services, Inc.
Cadmium, chromium, copper, lead, nickel,
1629 W. Farmington St.
silver, zinc, cyanide
Fa etteville, AR 72701
Elkhart Products Corporation
3265 Highway 71 South
Chromium, copper, lead, nickel, zinc, oil &
Fa etteville AR 72701
grease
Hiland Dairy Company
301 E. IS Street
Biochemical oxygen demand, total suspended
Fayetteville, AR 72701
solids, phosphorus, pH, oil & grease
Marshalltown Company
Cadmium, chromium, copper, lead, nickel,
2200 Industrial Drive
silver, zinc, cyanide
Fayetteville, AR 72701
Pinnacle Foods Corporation
W, 15 Street
Biochemical oxygen demand, total suspended
Fa e
Fayetteville, AR 72701
solids, phosphorus, pH, oil & grease
Superior Industries International
Arkansas, LLC
Cadmium, chromium, copperi lead, nickel,
1901 Borick Drive
silver, zinc, cyanide
Fayetteville, AR 72701
Tyson Mexican Original, Inc.
2615 S. School
Biochemical oxygen demand, total suspended
Fayetteville, AR 72701
solids, phosphorus, pH, oil & grease
Appendix G - 20 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
325U2
Ford F350 Super Duty, Reg. Cab
Biosolids Management Site
2000
376
Ford F550 Super Duty/Crane, Crew Cab
Biosolids Management Site
2012
382
Ford F550 Super Duty/Crane, Crew Cab
Biosolids Management Site
2015
387
Ford F-350, Flatbed
Biosolids Management Site
2016
388
Ford F-350, Flatbed
Paul R Noland
2016
566
Ford/New Holland LS55 Lawn Tractor
Biosolids Management Site
1999
696
Caterpillar 420E Backhoe
Biosolids Management Site
2012
748U
Freightliner M2-112 Dump Tandem Axle
Biosolids Management Site
2006
751U
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
786
Kenworth T800 Semi Tractor
Biosolids Management Site
2018
818
Caterpillar PSOOOLP Forklift
West Side
2008
910
Trailer
Paul R Noland
1987
927
Parker 24' Gooseneck Trailer
Biosolids Management Site
1991
966
P.J. Trailer, 18FT
Biosolids Management Site
1996
969
LO -Boy 2ST-36FT Trailer
Biosolids Management Site
1996
1160U
2006 Ford Explorer
Paul R Noland
2006
1274
Chevrolet Equinox
West Side
2014
2156
Chevy Colorado, 4X4
Paul R Noland
2012
5001
John Deere 6615 4X4 Tractor
Biosolids Management Site
2007
5002
John Deere 6615 4X4 Tractor
Biosolids Management Site
2007
Ford/New Holland 4X4 T6030 Loader
Biosolids Management Site
5012
2009
Tractor
5022
Case Maxxum 125 4X4 Loader Tractor
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
5034
Rhino 8180 Cutter
Biosolids Management Site
2012
Ford/New Holland Workmaster 55 4X4
Biosolids Management Site
5057
Tractor
2015
Ford/New Holland T6.155 4X4 Loader
Biosolids Management Site
5058
2015
Tractor
5059
John Deere 615D 4X4 Loader Tractor
Biosolids Management Site
2015
5070
Meyer Spreader
Biosolids Management Site
2016
5072
New Holland Hay Rake
Biosolids Management Site
2017
5084
New Holland Roll Belt 450 Rounder baler
Biosolids Management Site
2018
Appendix H - 21 of 2
5086
NH Protedd 3417
Biosolids Management Site
2018
5087
Wylie LCS Trailer Sprayer
Biosolids Management Site
2018
5089
New Holland Roll Belt 450 Round baler
Biosolids Management Site
2019
5095
New Holland Speed Rower (swather)
Biosolids Management Site
2019
5096
John Deer 630 MOCO
Biosolids Management Site
2019
6000
John Deere Articulated Loader
Biosolids Management Site
2012
6018
Volvo MC135C Skid Steer
Biosolids Management Site
2016
9025
Volvo Penta 400 KW Generator
Lift Station12
2001
9111
Clement Star -Lite Trailer
Paul R Noland
2009
9124
Thompson 6" Diesel Power Pump/Trailer
Paul R Noland
2009
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
9193
Clement Starlite End Dump Trailer
Biosolids Management Site
2015
9223
6" Portable Pump
Paul R. Nolad
2016
9227
Clement Starlite End Dump Trailer
Biosolids Management Site
2016
9239
Genie 5-45 Man Lift
Biosolids Management Site
2017
9241
Clement Starlite End Dump Trailer
Biosolids Management Site
2017
9250
Unicarriers 50 Forklift
Paul R Noland
2017
Parkson Electronic Mole — Billy/Trick
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 — Loenneke
Biosolids Management Site
2011
Portable Generator for lift stations
Paul R Noland
2005
Appendix H - 22 of 2
I.2
Appendix I
BASE FEE AND FIXED MANAGEMENT FEE ADJUSTMENTS
The Base Fee adjustment formula is as follows:
Where:
BF
ABF �.
AF
ECI
CPI.
ABF ABFx(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: CUUROOOSAO.
Fixed Management Fee adjustment
The Fixed Management Fee will be adjusted annually directly proportional to the base fee costs.
Appendix I - I of I
Appendix J
SAMPLE OF MONTHLY REPORTS
CH2M HILL will provide the City of Fayetteville with 4 monthly reports detailing operations and costs
for the previous month.
1. Report I is a word/pdf document. The report is a narrative detail of the monthly operations of the
WRRF's, BMS, and the Woolset Wet Prairie.
2. Report 2 is an excel document that compares actual expenses to the budget in Table D-1,
Cost Detail. The report will include the annual totals tab, a tab for each month, and an
overall reconciliation tab. Below is a snapshot of an example annual tab.
JAMM Client Monthly Financial Report
.. anor•errrw �..- - t�
Report 3 is an excel document that lists all of the non -labor expenses for the month. The data
included in the report consists of
a. A pivot table tab enabling quick viewing of costs by major category per cost center.
b. An hours tab showing the total hours worked each month split into regular time and
overtime:
Example
Total Hours Worked XXXXX
Regular Hours XXXXX
Overtime Hours XXXXX
c. A non -labor tab listing each expense with the following detailed columns:
• Project Number, Provider GL Period Name, Item Date, Expenditure Type,
Expenditure Category, Task Number, Task Name, Employee/Supplier, Project
Cost, Comment, Invoice Number, Cost Center Lookup, and Task Lookup
Provider GL Item Empkayee/ Project Invoice Cott Center Task
ProjectProvider
Name Date ExPnd Type Erpnd Category Task Task Name Supplier Cost Comment Number lookup Lookup
WAAi 910501ID
659031CH UlN•FY2019 7/1/2019 Miscellaneous Misc. 9 s
Reimbursables 31.WW.9S.OS WET IROSONDS Example S 'Ftdt. 1234S M AnGE ENT DrVng
4. Elkins BOD Loading Report: Detail of Noland BOD loading in pounds / day and as a percent of
design
5. CIP status report
Appendix K
CH2M HILL TRAVEL POLICY
K.I CH2M HILL shall follow its travel policy when traveling for business related to this agreement.
A copy of the policy will be available on request.