HomeMy WebLinkAbout342-21 RESOLUTIONOF FAYETTF
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113 West Mountain Street
Fayetteville. AR 72701
(479) 575-8323
Resolution: 342-21
File Number: 2021-0985
CH2M HILL ENGINEERS, INC. AMENDMENT NO. 13:
A RESOLUTION TO APPROVE AMENDMENT NO. 13 TO THE AGREEMENT FOR
OPERATIONS. MAINTENANCE AND MANAGEMENT SERVICES BETWEEN THE CITY
OF FAYETTEVILLE, ARKANSAS AND CH2M HILL ENGINEERS. INC. IN THE AMOUNT
OF $7.614.71 1.00 FOR SERVICES IN 2022. AND TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $380.735.55
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. 13 to the Agreement for Operations, Maintenance and Management Services between the City of
Fayetteville, Arkansas and CH2M Hill Engineers, Inc. in the amount of $7,614,71 1.00 for services in
2022, and further approves a project contingency in the amount of $380,735.55.
PASSED and APPROVED on 12/21/2021
Attest:
City Clerk Treasurer
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Page 1 Printed on 12122121
AMENDMENT NO. 13 TO AGREEMENT
For
OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
CH2M HILL ENGINEERS, INC.
THIS AMENDMENT NO. 13 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, 2022, 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:
l . Appendix A is hereby deleted in its entirety and replaced with the attached Appendix A.
2. Appendix B is hereby deleted in its entirety and replaced with the attached Appendix B.
3. Appendix C is hereby deleted in its entirety and replaced with the attached Appendix C
4. Appendix D is hereby deleted in its entirety and replaced with the attached Appendix D.
5. Appendix E is hereby deleted in its entirety and replaced with the attached Appendix E.
6. Appendix F is hereby deleted in its entirety and replaced with the attached Appendix F.
7. Appendix G is hereby deleted in its entirety and replaced with the attached Appendix G.
8. Appendix H is hereby deleted in its entirety and replaced with the attached Appendix H.
9. Appendix I is hereby deleted in its entirety and replaced with the attached Appendix 1.
10. Appendix J is hereby deleted in its entirety and replaced with the attached Appendix J.
1 l . Appendix K is hereby deleted in its entirety and replaced with the attached Appendix K.
This Amendment No. 13, 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.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0985
Agenda Date: 12/21/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: C.1
C112M HILL ENGINEERS, INC. AMENDMENT NO. 13:
A RESOLUTION TO APPROVE AMENDMENT NO. 13 TO THE AGREEMENT FOR OPERATIONS,
MAINTENANCE AND MANAGEMENT SERVICES BETWEEN THE CITY OF FAYETTEVILLE,
ARKANSAS AND CH2M HILL ENGINEERS, INC. IN THE AMOUNT OF $7,614,711.00 FOR
SERVICES IN 2022, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF
$380,735.55
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. 13 to
the Agreement for Operations, Maintenance and Management Services between the City of Fayetteville,
Arkansas and CH2M Hill Engineers, Inc. in the amount of $7,614,711.00 for services in 2022, and further
approves a project contingency in the amount of $380,735.55.
City of Fayetteville, Arkansas Page 1 Printed on 1212212021
Tim Nyander
Submitted By
City of Fayetteville Staff Review Form
2021-0985
Legistar File ID
12/21/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/3/2021 WASTEWATER TREATMENT (730)
Submitted Date Division / Department
Action Recommendation:
Staff recommends the approval of Amendment No. 13 to the Agreement for Operations, Maintenance and
Management Services between the City of Fayetteville, Arkansas and CH2M Hill Engineers, Inc. in the amount of
$7,614,711.00 for services in 2022, and approval of a project contingency in the amount of $380,735.55.
Budget Impact:
5400.730.XXXX-5328.00
Water and Sewer
Account Number
Fund
48048.XXX
OMI Expenses
Project Number
Project Title
Budgeted Item? Yes
Current Budget
$ 8,056,800.00
Funds Obligated
$ -
Current Balance
$ 8,056,800.00
Does item have a cost? Yes
Item Cost
$ 7,995,446.55
Budget Adjustment Attached? No
Budget Adjustment
$ -
Remaining Budget
61,353.45
V20180321
Purchase Order Number: Previous Ordinance or Resolution # 07-21
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 21, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Water & Sewer Committee
FROM: Tim Nyander, Utilities Director
DATE: December 3, 2021
CITY COUNCIL MEMO
SUBJECT: Amendment No. 13 to the Agreement with CH2M Hill Engineers, Inc.,
Contingent of 2022 Budget Approval by City Council
RECOMMENDATION:
Staff recommends the approval of Amendment No. 13 to the Agreement for Operations,
Maintenance and Management Services between the City of Fayetteville, Arkansas and CH2M
Hill Engineers, Inc. in the amount of $7,614,711.00 for services in 2022, plus a 5% contingency
of $380,735.55.
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. 13 represents
the third year of the second five-year renewal. Due to an unprecedented cost overrun in 2020
last year, agreements moving forward will include an agreed -to contingency amount.
DISCUSSION:
In the year 2022, 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 38 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 of one (1) filter per calendar year.
Approval of this Amendment is Contingent on the City Council's approval of the 2022 City
Budget.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
Funds are available in the overall Utilities budget.
Attachments:
Amendment No. 13
AMENDMENT NO. 13 TO AGREEMENT
For
OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
C112M HILL ENGINEERS, INC.
THIS AMENDMENT NO. 13 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 s` day of January, 2022, 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. Appendix A is hereby deleted in its entirety and replaced with the attached Appendix A.
2. Appendix B is hereby deleted in its entirety and replaced with the attached Appendix B.
3. Appendix C is hereby deleted in its entirety and replaced with the attached Appendix C
4. Appendix D is hereby deleted in its entirety and replaced with the attached Appendix D.
5. Appendix E is hereby deleted in its entirety and replaced with the attached Appendix E.
6. Appendix F is hereby deleted in its entirety and replaced with the attached Appendix F.
7. Appendix G is hereby deleted in its entirety and replaced with the attached Appendix G.
8. Appendix H is hereby deleted in its entirety and replaced with the attached Appendix H.
9. Appendix I is hereby deleted in its entirety and replaced with the attached Appendix I.
10. Appendix J is hereby deleted in its entirety and replaced with the attached Appendix J.
11. Appendix K is hereby deleted in its entirety and replaced with the attached Appendix K.
This Amendment No. 13, 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 yearfirst above written.
CH2M HILL ENGINEERS. INC.
CITY OF AYET l LE.
KANSAS
By:
By.
Name: Steve Meininger
N e:
Lion Jor an, Mayor
Title: Vice President
Title:
Date: 12/2/2021
Date:
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ATTEST:
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Name:
Kara Paxton
FAY tTTEVILI
Title:
City Clerk
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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 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 Travel Policy
Appendix A - 1 of 1 — Last Updated 10.08.21
Appendix B
DEFINITIONS
B.1 "Adequate Nutrients" means plant influent nitrogen, phosphorus and iron contents proportional to
BOD5 in the ratio of five (5) parts nitrogen, one (1) part phosphorus, and one half (0.5) part iron
for each one hundred (100) parts BOD5.
B.2 "Base Fee" means all costs within the scope of the contract, on an annual basis, including direct
costs, labor, utilities (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.
B.4 "Capital Expenditures" means any expenditures for (1) the purchase of new equipment or facility
items that cost more than Ten Thousand Dollars ($10,000); or (2) major repairs which
significantly extend equipment or facility service life and cost more than Ten Thousand Dollars
($10,000); or (3) expenditures that are planned, non -routine and budgeted by City of Fayetteville.
B.5 "Cost" means the total of all costs determined on an accrual basis in accordance with generally
accepted accounting principles including but not limited to direct labor, insurance, labor
overhead, chemicals, materials, supplies, utilities (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.11 "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 - 1 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 - 2 of 2
Appendix C
SCOPE OF SERVICES
CA SCOPE OF SERVICES — C112M
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.1.10 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.1.11 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 - 1 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 - 2 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 ISP 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 - 3 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 - 4 of 7
• Improvement needed
• Justification of improvements
• Cost of improvements
• Any projected increase or decrease in O&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 laws 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.1.29 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 - 5 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 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 burn 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
streambank 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 - 6 of 7
C.1.50 CH2M HILL shall perform all Repairs to the Thermal Dryer at the Biosolids Management Site,
including those which would otherwise be considered Capital Expenditures. Repairs which cost
$10,000 or over require prior approval of the City's Utilities Director.
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 - 7 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
2022 shall be $7,614,711 (Seven Million Six Hundred Fourteen Thousand Seven Hundred
Eleven Dollars). Details of said cost are shown in Table D-1 below. Thereafter, the Base Fee
shall be negotiated each year. Should City of Fayetteville and CH2M HILL fail to agree, the Base
Fee will be determined by the application of the Base Fee adjustment formula shown in Appendix
I. Upon each contract year renegotiation, CH2M HILL shall continue to invoice City of
Fayetteville at the previous amount until the new contract year price is agreed upon. Upon written
notice, agreement between the parties as to the new contract year Base Fee, CH2M HILL shall
issue an invoice retroactively adjusting the previous Base Fee amount. 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. In the event incurred costs under this Agreement may exceed the Base Fee denoted
above, CH2M HILL will provide prompt notice to the City of Fayetteville of any potential budget
impact.
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 twelve (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 twelve
(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 are 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 15`h 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%) of the
amount of actual cost are below estimated cost.
DA Cost Detail - The annualized estimated costs for calendar year 2022 are listed in Table D-1.
Appendix D
Table D-], Cost Detail
1 2022 Fayetteville Cost Centers
WRRF WRRF East Side WRRF West
Management Operations Side Operations
Program Program Program
WRRF Lift Station WRRF Biosolids
WRRF Lab & Total Cost
Maintenance Management
IPP Program 2022
Program Program
Client Cost Centers
5100
5110
5120
5130
5140
5110
Direct Labor
$911,732
$901,661
$491,676
$304,051
$252,539
$754,626
$3,616,285
Labor Markup, 15%
$136,760
$135,249
$73,751
$45,608
$37,881
$113,194
$542,443
Direct Expense
$275,084
$1,019,817
$351,068
$125,026
$415,504
$835,087
$3,021,586
Expense Markup, 10%
$27,508
$101,982
$35,107
$12,503
$41,550
$83,509
$302,159
Fixed Fee
$132,239
$132,239
Totals $1,483,323 $2,158,709 $951,602 $487,187 $747,474 $1,786,416 $7,614,711
2021 Fayetteville Cost Centers
WRRF
WRRF East
WRRF West
WRRF Lift
WRRF Biosolids
Management
Side
Side
WRRF Lab &
Station
Management
Total Cost 2021
Program
Operations
Operations
IPP Program
Maintenance
Program
Program
Program
Program
Client Cost Centers
5100
5110
5120
5130
5140
5110
Direct Labor
$835,254
$962,341
$414,573
$284,805
$217,434
$714,294
$3,428,701
Labor Markup, 15%
$125,288
$144,351
$62,186
$42,721
$32,615
$107,144
$514,305
Direct Expense
$252,434
$1,279,303
$347,396
$121,116
$416,743
$553,881
$2,970,872
Expense Markup,
10%
$25,243
$127,930
$34,740
$12,112
$41,674
$55,388
$297,087
Fixed Fee
$128,085
$128,085
Totals $1,366,304 $2,513,926 $858,895 $460,754 $708,466 $1,430,707
Appendix D
2021 & 2022 Cost Variance
WRRF Lift
WRRF WRRF East Side WRRF West Side
WRRF Lab & IPP
WRRF Biosolids
Station
Management Operations Operations
Management Total Variance
Program
Maintenance
Program Program Program
Program
Program
Client Cost Centers
5100
5110
5120
5130
5140
5110
Direct Labor
$76,478
($60,680)
$77,103
$19,246
$35,105
$40,332
$187,584
Labor Markup, 15%
$11,472
($9,102)
$11,565
$2,887
$5,266
$6,050
$28,138
Direct Expense
$22,650
($259,486)
$3,672
$3,910
($1,239)
$281,206
$50,714
Expense Markup,
10%
$2,265
($25,949)
$367
$391
($124)
$28,121
$5,071
Fixed Fee
$4,154
$4,154
Totals
$117
708
Appendix D
709 $27
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 owe's — Zion PS
YES
WW2
3500 E Mission Blvd Timbercrest PS
YES
WW4
691 W Poplar St (Poplar PS - ABANDONED
YES
WW5
3896 N GreggAve(GreggAve PS
YES
WW6
3021 N Old Wire Rd Old Wire PS
NO
WW7
2065 N Sunshine Rd Hamestrin PS
YES
WW8
729 W North Street(North Street PS —ABANDONED
YES
WW9
1236 N Porter Rd Porter Rd PS —ABANDONED
YES
WWI
4412 W 6th Street (Farmington East PS —ABANDONED
YES
WW12
571 N Double Springs Road (Farmington West PS
YES
WW13
878 S Dead Horse Mountain Rd Stonebrid e PS
YES
WW14
1820 S Armstrong Ave Industrial Park PS
YES
WW16
518 W Ernest Lancaster Dr (Airport North PS
YES
WW18
210 N Sand Greenland PS
YES
WW19
5716 E Norman Murphy Rd (Mally Wagnon PS
YES
WW20
3212 N Highway 112 — Trucker's Drive PS - ABANDONED
YES
WW22
630 N Double Springs Rd Owl Creek PS
YES
WW24
265 W Ernest Lancaster Dr (Airport East PS
YES
WW25
551 W Aster Ave(Willow West PS - Farmington)
YES
Appendix E - Page 1 of 4
SCADA
NODE
LOCATION
Generator
Site
Maintenance
Only
WW27
1031 River Meadows Dr Stonebrid e 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 Silverthorne PS
YES
WW33
4644 N Crossover Rd Stonewood PS - Copper Creek
YES
WW34
4572 S School Ave (Airport South PS
YES
WW35
3083 W MLK Blvd owe's — 6th St PS
YES
WW36
1642 N Willowbrook Dr (Skyler Place PS
YES
WW37
3848 W Edgewater Dr Clabber Creek PS - ABANDONED
YES
WW38
3710 E Zion Rd (Copper Creek Phase II PS
YES
WW39
2392 N Kenswick Ave Crofton Manner PS
YES
WW40
1811 S Cherry Hills Dr Stone Bridge Meadow Phase 11 PS
YES
WW41
1608 S S rin lake Dr Crescent Lake PS
YES
WW44
6061 Dot Tipton Rd (Legacy Pointe Phase 4 PS
NO
WW45
4451 N Waterside Ct Timberlake Office Park PS
YES
WW46
3788 E Spyglass Hill Dr Stonebrid e Meadows Phase V PS
YES
WW47
3601 E Albright Rd(Embry Acres PS
YES
WW48
2435 S Dead Horse Mountain Rd McDonald PS
YES
WW49
3393 E Goff Farm Rd Meadows PS
YES
WW52
485 N Broyles Ave (Broyles Ave PS
YES
WW53
1396 Zion Rd Office Park PS
YES
WW55
461 N. Tacoma St. (Farmington Heights)
YES
WW56
ADDRESS West Fork PS
YES
ADDRESS (Broyles South PS
YES
ADDRESS (Wagon Wheel PS
YES
ADDRESS (Woodridge PS
YES
E.1.4 All equipment, grounds, and facilities now existing within the present property boundaries of or
being used to operate the City of Fayetteville's Biosolids Management Site located east of the
Noland 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 2 of 4
E.1.6 The potable water SCADA system at the following locations:
SCADA
NODE
LOCATION
DESCRIPTION
W 1
215 W 24th St South Mountain
Pump Station
W2
844 N Crossover Rd (Hyland Park
Pump Station
W4
1016 E Ash St
Pump Station
W5
707 E Rogers Dr
Pump Station
W6
456 E Baxter Ln
Ground Storage Tank 2 each
W7
707 E Rogers Dr
Ground Storage Tank 2 each
W8
133 N Sang Ave
Elevated Storage Tank
W9
1170 E South Skyline Dr
Elevated Storage Tank Mt. Se uo ah
W 10
1044 E Township Rd
Elevated Storage Tank
W 11
3280 W Judge Cummins Rd
Ground Storage Tank 2 ea Kessler Mountain
W 12
7001 E Mission (Highway 45 Valve
Pressure -Reducing Valve Station
W 13
1589 Fire Tower Road Goshen
Pump Station and Ground Storage Tank
W 14
17301 Lake Se uo ah Rd Round Mtn
Pump Station
W 15
14360 Round Mt Comm Church Rd
Stand Pipe County Rd #55(Round Mountain
W 16
22032 Fire Tower Rd County Rd 4343
Stand Pie(Benson Mountain
W 17
3265 N Gulley Rd
Elevated Storage Tank
W18
3788 N Gulley Rd
Pump Station
W19
3370 S Coach Rd
Pump Station
W20
2098 Woodcliff Rd (Springdale)
Sure Tank
W21
2210 N Old Wire Rd
Valve
W22
2800 N Old Missouri Rd
Flow Meter
W23
3385 N Par Ct
Valve
W24
3023 E Joyce Blvd
Valve
W25
2567 E Robinson (Springdale)
Pressure Sustaining Valves
W27
17385 Blue Springs Rd Goshen
Pump Station
W28
17970 Lake Se uo ah Rd
Pump Station
W29
Beaver Water District
SCADA Interface
W30
1195 N. Cantebu Rd Cantebu Tank
Elevated Storage Tank
W31
2903 E. Flagstone Cir Stonemountain
Pump Station
W32
Blue Springs Road
Valve & Flowmeter
New PS
TBD
New PS
TBD
WSOPC
2435 S Industrial Dr
Water & Sewer Ops Center
3302 W Dinsmore Trail
Millsap Tower
MTROB
12141 Ed Edwards Rd
Mt. Robinson Tower Site
Appendix E - Page 3 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
NODE
LOCATION
DESCRIPTION
EWW 1
7500 E. Huntsville Road
Wastewater Lift Station
EW1
1800 S. Van Hoose Drive
Ground Storage Potable Water Tank
E.1.8 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 4 of 4
Appendix F
ENVIRONMENTAL PERMITS AND PROJECT CHARACTERISTICS
F.1 CH2M HILL will operate Project so that effluent will meet the requirement of NPDES permit No.
AR0020010 and AR0050288. CH2M HILL shall be responsible for meeting the effluent quality
requirements of City of Fayetteville's NPDES 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 BOD5, and/or suspended solids exceeds the Project design parameters
which are:
Noland WRRF
West Side WRRF
Annual
Maximum
Annual
Maximum
Average
Monthly
Average
Monthly
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
1 34,613
1 14,595
1 18,853
F.2 In the event any one of the Project influent characteristics, suspended solids, BOD5, or flow,
exceeds the parameters listed above, CH2M HILL shall return the plant effluent to the
characteristics required by the NPDES permit in accordance with the following schedule after
Project influent characteristics return to within design parameters.
Characteristics
Exceeding Listed
Parameters By
Recovery Period
Maximum
10% or Less
5 days
> 10% but < 20%
10 days
20% and Above
30 days
Notwithstanding the above schedule if the failure to meet effluent quality limitations is caused by
the presence of Biologically Toxic Substances or the lack of Adequate Nutrients in the influent,
then CH2M HILL will have a thirty (30) day recovery period after the influent is free from said
substances or contains Adequate Nutrients.
F.3 CH2M HILL shall not be responsible for fines or legal action as a result of discharge violations
within the period that influent exceeds design parameters, does not contain Adequate Nutrients,
contains Biologically Toxic Substances (that exceed process inhibiting levels or creates
concentrations exceeding application or discharge limitations), and the subsequent recovery
period.
Appendix F - 1 of 2
FA The estimate Costs for services under this Agreement are based upon the following Project
characteristics:
Annual
Average
Noland
WRRF
West Side
WRRF
Flow MGD
5.67
9.44
BOD lbs/d
15,164
12,529
TSS lbs/d
8,526
12,554
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
11/30/2010
No Discharge Permit — Biosolids
Management Site
72-00829
4748-WR-4
12/31/2025
Air - Hamestrin
72-01873
2179-A
N/A
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
6/30/2024
Stormwater No Exposure Certification
(NEC)- West Side
72-01033
ARR000390
6/30/2024
Appendix F - 2 of 2
Appendix G
INDUSTRIAL WASTE DISCHARGES AND MONITORING PROGRAM
G.1 CH2M HILL shall: Administer the Industrial Pretreatment Program in accordance with 40 CFR
403. Administration shall include:
G.1.1 Maintain the industrial waste sampling and analysis program for pretreatment and
surcharge, as described in G.3. 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 every three (3) years to identify
new, or significant, industrial users in Fayetteville and in cities with which Fayetteville
has inter jurisdictional agreements for waste treatment. 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 SILT permits for issuance
or renewal within 90 days of the expiration date or within 180 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 insignificant 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 Assist City of Fayetteville with review and revision of the sewer use ordinances, the
pretreatment program, and inter jurisdictional agreements. Local limits evaluation, if
requested, may be provided as an out of scope service. The costs of such
evaluation will be determined and negotiated at the time of the request. 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 - 1 of 2
G.1.11 Prepare for City of Fayetteville signature of the Industrial Pretreatment annual report for
submittal.
G.1.12 Maintain all industrial monitoring records for at least five (5) years.
G.1.13 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
ConAgra Foods Packaged Foods, LLC (Conagra)
Biochemical oxygen demand, total
1100 W, 15`h Street
suspended solids, phosphorus, pH, oil
Fayetteville, AR 72701
& grease
Custom Powder Coating Services, Inc.
Cadmium, chromium, copper, lead,
1629 W. Farmington St.
nickel, silver, zinc, cyanide
Fayetteville, AR 72701
Elkhart Products Corporation
Chromium, copper, lead, nickel, zinc,
3265 Highway 71 South
oil &grease
Fayetteville, AR 72701
Hiland Dairy Company
Biochemical oxygen demand, total
301 E. 15`h Street
suspended solids, phosphorus, pH, oil
Fayetteville, AR 72701
& grease
Marshalltown Company
Cadmium, chromium, copper, lead,
2200 Industrial Drive
nickel, silver, zinc, cyanide
Fayetteville, AR 72701
Tyson Mexican Original, Inc.
Biochemical oxygen demand, total
2615 S. School
suspended solids, phosphorus, pH, oil
Fayetteville, AR 72701
& grease
Appendix G - 2 of 2
Appendix H
VEHICLE AND MOBILE EQUIPMENT DESCRIPTION (ROLLING STOCK)
Unit #
Unit Description
Location
Year
85U
1998 Ford F-800 Flatbed
Biosolids Management Site
1998
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
Paul R Noland
2016
388
Ford F-350, Flatbed
Biosolids Management Site
2016
696
Caterpillar 420E Backhoe
Paul R Noland
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 P5000LP 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 25T-36FT Trailer
Biosolids Management Site
1996
1274
Chevrolet Equinox
West Side
2014
2101U
2006 Ford F150
Paul R Noland
2006
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
5012
Ford/NH 4X4 T6030 Loader Tractor
Biosolids Management Site
2009
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 R180 Cutter
Biosolids Management Site
2012
5057
Ford/NH Workmaster 55 4X4 Tractor
Biosolids Management Site
2015
5058
Ford/NH T6.155 4X4 Loader Tractor
Biosolids Management Site
2015
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
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
Appendix H - 1 of 2
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
6037
Bobcat 5770 Skid steer
Biosolids Management Site
2020
9111u
Clement Star-Lite Trailer (Replaced)
Biosolids Management Site
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 (Replaced)
Biosolids Management Site
2013
9166
Clement Star-lite Trailer
Biosolids Management Site
2013
9193
Clement Starlite End Dump Trailer
Biosolids Management Site
2015
9223
Godwin 6" Portable Pump
Biosolids Management Site
2016
9227
Clement Starlite End Dump Trailer
Biosolids Management Site
2016
9239
Genie S-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
Parkson Electronic Mole — Billy
Biosolids Management Site
2011
Portable Generator for Lift stations
Paul R Noland
2005
9280
Clement Star-Lite End Dump Trailer
Biosolids Management Site
2021
9283
Clement Star-Lite End Dump Trailer
Biosolids Management Site
2021
Appendix H - 2 of 2
Appendix I
BASE FEE AND FIXED MANAGEMENT FEE ADJUSTMENTS
I.1 The Base Fee adjustment formula is as follows:
Where:
ABF = BF x (1 + AF)
BF = Base Fee specified in Appendix D
ABF = Adjusted Base Fee
AF = Adjustment Factor as determined by the formula:
AF = .5 (ECI + CPI)
ECI = The twelve month percent change (from the third quarter of the prior
year to the third quarter in the current year) in the Employment Cost
Index for Total Compensation for Civilian Workers, Not Seasonally
Adjusted as published by U. S. Department of Labor, Bureau of Labor
Statistics in the Detailed Report Series ID: CIU1010000000000A.
CPI = The twelve month percent change (from October of the prior year to
October of the current year) in the Consumer Price Index for All Urban
Consumers, Not Seasonally Adjusted as published by U.S. Department of
Labor, Bureau of Labor Statistics in the CPI Detailed Report Series
Id: CUUROOOSAO.
I.2 Fixed Management Fee adjustment
The Fixed Management Fee will be adjusted annually directly proportional to the base fee costs.
Appendix I - 1 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 1 is a word/pdf document. The report is a narrative detail of the monthly operations of the
WRRF's, BMS, and the Woolsey 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.
JACOBS Client Monthly Financial Report
..00 LLE
3. Report 3 is an excel document that lists all of the non -labor expenses for the month. The data
included in the report consists o£
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 Employee/ Project Invoice Cost Center Task
Project Period Name Date Expnd Type Expnd Category Task Task Name Supplier Cost Comment Number Lookup Lookup
WRRF BIOSOLID
659031CH JAN-FY2019 7/1/2019 Miscellaneous Miss. 31.WW.BS.05 FAYETBIODrying
SOLIDS Example $ "FedEx 12345 MANAGEMENT BDds
Reimbursables PROG Drying
4. Elkins BOD Loading Report: Detail of Noland BOD loading in pounds / day and as a percent of
design
5. CIP status report
Appendix J - 1 of l
Appendix K
C112M HILL TRAVEL POLICY
K.1 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.
Appendix K - 1 of 1
SOFTWARE MAINTENANCE FROM TRIFIEDRAL, INC
City of Fayetteville Staff Review Form
2022-0927
Legistar File ID
N/A
city Council Meeting Date -Agenda Item Only
N/A for Non -Agenda Item
Tim Nyander 9/27/2022 WASTEWATER TREATMENT(730)
Submitted By Submitted Date Division/Department
Action Recommendation:
Staff recommends the approval to use contingency funds from the CH2M Hill Engineers, Inc. operations and
management contract in the amount of $21,291.00 plus applicable taxes to cover the cost of software main
renewal for VT SCADA from Trihedral, Inc.
Budget Impact:
5400.730.5100-5309.02 Water and Sewer
Account Number Fund
N/A
Project Number
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
N/A
Project Title
$ 21,291.00
$ 21,291.00
$ 21,291.00
M21na2)
Purchase Order Number: Previous Ordinance or Resolution g 342-21
Change Order Number:
Original Contract Number:
Comments:
Approval Date: 09/28/22
CITY OF
,%rFAYETTEVILLE
ARKANSAS
TO:
Mayor Lioneld Jordan
THRU:
Susan Norton, Chief of Staff
FROM:
Tim Nyander, Utilities Director
DATE:
September 27, 2022
SUBJECT:
Trihedral, Inc. - VT SCADA Software Maintenance Renewal
STAFF MEMO
RECOMMENDATION:
Staff recommends the approval to use contingency funds from the CH2M Hill Engineers, Inc.
operations and management contract in the amount of $21,291.00 plus applicable taxes to
cover the cost of software maintenance renewal for VT SCADA from Tdhedral, Inc.
BACKGROUND:
The City operates a Supervisory Control and Data Acquisition (SCADA) system that monitors
and manages the City's two wastewater treatment plants, sewer lift stations, and water
distribution system. The SCADA system consists of software, associated servers, network
equipment that connects sites and equipment. In 2021, the city completed a 3-year project to
upgrade the entire SCADA system to increase security, stability, functionality, and provide a
path for future enhancements. As part of the project, the City purchased VT SCADA software
which included 1 year of software maintenance. The attached quote is to purchase annual
maintenance for VT SCADA software to support wastewater treatment plants, sewer lift stations,
and the water distribution system.
DISCUSSION:
Staff recommends approval of the attached quote for VT SCADA software maintenance in the
amount of $21,291.00 plus any applicable taxes.
BUDGET/STAFF IMPACT:
Contingency funds are available in the operations and management contract with CH2M Hill
Engineers, Inc.
Attachments:
Quote from Trhedral, Inc.
Resolution 342-21
Mailing Acidness:
113 W. Mountain Street www.fayettevllle-acgov,
Fayetteville, AR 72701
Trihedral, Inc. - 7380 West Sand Lake Read, Suite 100 -Orlando, Florida 32819 - USA
Phone: (407) 888-8203 - Fax: (902) 835-0369
htgx/Avww.eihedraLccdn
Trihedral. Quotation
G 1 N b D24428
A Delta Group Company
Bill To
Ship To
Mayo Miller
Mayo Miller
City of Fayetteville - AR
City of Fayetteville - AR
113 W Mountain Street
113 W Mountain Street
Fayetteville, AR 72701
Fayetteville, AR 72701
USA
USA
uo a um er
Terms
Net 30 Days
Date
09-07-2022
Sales Person
Alan Hudson
Valid Until
10-07-2022
Tax Info.
Tax ID#26-0449423
Pease update your re co so that all correspendence is
addressed to our new Florida office included in the quote
header.
S/N 54847, 54M - City of Fayetteville, AR - Noland Plant / West Side Plant
I# lots. Iwpdupt I urge lineal Ett.Pdael
1 1--VTScade 50K Dual Server Premium -•-Renewal @ 15`-.. $10 949.25 $10,04925
1 2 Wfcada 50K- DeveloplreM Runtime
2 2 VTScada 50K-Noun Notification
3 1 VTScada Sdc-Thin Gient - Urlimilatl
4 -1 Bundle Discoum
Date of Purchase: August 4, 2020
Date of Commissiming: SepemEer ], M21
SuppwtPlupps Expiry Da
atepReart to September 7, 2022
Cement mtxv7 2022
Proposed bupppppao Plus Expiry�y� One September 7, 2023
Bundle Valuefa Renewals:866,995.00
'Future Annual SupounPlus, wInlcb Indudes technical wpport and software upgrades, is calculated
at 15%per amum of Me combined license components. This tae w+g never Increase ss Img as
Supp r[Plus is maintained. This does not include 24/7 Emergmq Support.
Group Totals
Subtotal: $10,049.25
Total: $10,049.25
S/N 54849 - Noland Plant - DMZ
# Italy.
liflooduct
tied Pdu
Exl. Rid
I I
VTScada 50K-Runtime Renewal@15%
$914.25
$914.25
2 1
Wesel SOK- 3rd Party Dee Sharing - Removal Lb 15%
a"9.25
$44$25
Date of Purchase: August 4, 2020
Date of Gommasioning: September 7, 421
SuppodPlus Expiry Date Reset to September 7, 2022
Current Su orlPlus Expuptxi pryp Date: Ste eptember ], 2022
Pccen�se V �elue fforr Renewals E8090; eptember 7, 2(123
Group Totals
Subtotal: $ 1,363.50
Total: $ 1,363.50
S/N 54850 - Noland Plant - Redundant Server
# 10ty. 1pooduct I Unit Prlp Exb Mee
1 1 VTScada50K-Runtime Renswel@15% $914.25 $91425
Date of Purchase'. August 4, 2020
Date of Canmisaianin0: Seplember 7, 2021
St,o ccaf eli s Expiry Date Reset to encased. 7, M22
Current SupperlPlus Expiry Date: September 7, 2022
Reese allow up to Me business days to process your order and include the Trihadral Quote # on your PO. 1 / 3
Trihedral, Inc. • 7380 What Sand Lake Road Suite 100. Orlando, Florida 32819 • USA
Phone: (407) SM-8203 • Fac (902)835-0369
http://www.trihedral.com
Preposed Suppor ichm E1.7 Wte: September 7, 2023
License Value for Refuse a:$8.095.00
Group Totals
Subtotal: $ 914.25
Total: $ 914.25
S/N 54851, 54852 - Operator Workstation Runtime
R ".
Illmoduct
unit Pd.
Eat Muro
1 2
VTScada SOK-Runtime- Renewal @15%
$91425
$1,828,50
2 2
VTScada 50K- 3k Party Dab Shoring- Renewal @15%
It"9.25
$898.50
Date of Purchase'. August 4, 2020
Date of Commis somin9: September 7, 2021
SuppcdPluS Expry Data Reset t0 September 7, 2022
Current SuSpupomPlus ExEp�rrpyl Date Septemae, 7. 2022
UwaiirProlowe Value fdHenewals $9,091 (Fhe ticete September n e023
Group Totals
Subtotal: $2,727.00
Total: $2,727.00
S/N 54853 - West Side Plant - Redundant Server
R ICAY. lihowdena unit Pike MPeke
1 1 VTscada 50K Runtime Renewal$91 a.25 $91425
Date of Purchase: August 4, NI20
Wt. of Carl..ianing: September 7, 2021
SuppmrPlus Expiry Data Reset to September 7, 2D22
Current SogVSuppenPies Exppmy Cate: September 7, 2022
Propmsed pardflus Expry Date: September, 7, 2023
Liter Value for Renewals $6,095.00
Group Totals
Subtotal: $914.25
Total: $ 914.25
Optional 24/7 Emergency Support
t 10ty. 111hooduct UnR fenceEV.Rke
1 1 24n Emergency Support $5.32275 $5,32z75
Wiin the addition of 249 Emergmncy Support toyo r artery SuptlPlus poService, help is always
..,Wt. Thhs whewe hs Morw l for an egerry iswes dirMly associated with VTSwda software.
It does not twee application specific issues, over far pther,e train, or advanced system design. It
cannot miJace training Or the Services M softness, consultants or integrations.
Emergency Supparl can only be added to valid SupporlPlus contract and ramml W purchased as a
sbndabne serew. The coat d the service is 5%o11he cakWted cofteme, value MM a minimum o1
$1,400.09 per year.
24n wppppood Is limited to Mow licenses an which dehas ben purchased. Licenses comprised
d distributed sub -systems affect system bads In a warty of ways and we such real aul to he
purchased an all correled components.
Group Totals
Subtotal: $5,322.75
Total: $5,322.75
Please allow up to toe business; days to process your order and include the Triheclwl Ought R an your PO. 2 / 3
Trihedral, Inc • 7380 West Sand Lake Road, Suite 100 •Orlando, Florida 32819 • USA
Phone:(407) 888-820- Fax: (902) 835-0369
hfp:// .Mhedral.com
Quotation Totals
Terms and Conditions:
Currency:
US Dollar
Subtotal:
$21,291.00
Total:
$21,291.00
This quote shall be governed exclusively by the WScada Software License A reemeM (Standard Conditions) FL, VSLASCFL v1.2 2018-06-08,
and the VTScada SaHware Standard Support Services Agreemeal (SC) FL, VSSSSASCFL v.1.2 2018-02-26, available at
httpsll .WMw .cur inc-license-agreements/.
VTScada support and gppnede pricing are in accordance with the p eaously accepted license agreement terms and any differing purchase crow
terms proposed will not be accepted without wri0en agreement by Trihedral.
A Supper Plus renewal quote contains grandfathered pricing that is contingent upon the receipt of a Purchase order beware the quote expiry data (az
aggreed to under the Moods license tams of the original license). Purchase orders received with an a8eratlon of previously accepted terms, or
atler the quote expiry date, will require a requote of the renewal price at current pricing.
Quotation Accepted By
Qui Number
Q24428
Print Name
Lioneld Jordan
Title
Ma or
Signature
Date
09/28/22
Please allow up to two business days to process your order and include the Trihedral Cuote k on your PO. 3 / 3
113 Weal Meuntaln Streel
FayeaeWe AR 72701
(d29157"M
Resolution: 342-21
File Number: 2021-0985
CH2M HILL ENGINEERS, INC. AMENDMENT NO. 13:
A RESOLUTION TO APPROVE AMENDMENT NO. 13 TO THE AGREEMENT FOR
OPERATIONS. MAINTENANCE AND MANAGEMENT SERVICES BETWEEN THE CITY
OF FAYETTEVILLE. ARKANSAS AND CH2M HILL ENGINEERS. INC. IN THE AMOUNT
OF $7,614.711.00 FOR SERVICES IN 2022. AND TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $380.735.55
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. 13 to the Agreement for Operations. Maintenance and Management Services between the City of
Fayetteville. Arkansas and CH2M Hill Engineers. Inc. in the amount of$7.614,711.00 for services in
2022, and further approves a project contingency in the amount of $380.735.55.
PASSED and APPROVED on 12/21/2021
Attest:
Kam Paxton, City Clerk
aW 1 RY .1Y]l/!1 -