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HomeMy WebLinkAbout94-94 RESOLUTIONait AGREEMENT for OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES for the CITY OF FAYEI1'hVILLE, ARKANSAS THIS AGREEMENT is made on this day of Mb 1994 , between City of Fayetteville (hereinafter "Owner"), whose address for any formal notice is 113 West Mountain, Fayetteville, Arkansas 72701 and Operations Management International, Inc., (hereinafter "OMP") with offices at Englewood, Colorado, whose address for any formal notice is 5299 DTC Blvd., Suite 1200, Englewood, Colorado 80111-3333. Owner and OMI agree: GF.NFRAT 1.1 All definitions of words or phrases used in this Agreement are contained in Appendix A. 1.2 All grounds, facilities, equipment, and vehicles now owned by Owner or acquired by Owner shall remain the property of Owner. 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, but neither party will assign this Agreement without the prior written consent of the other party. Consent shall not be unreasonably withheld. 1.5 All notices shall be in writing and transmitted by certified mail to the address noted above. 1.6 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 "OMP" and "Owner" shall include the respec- tive officers, agents, directors, elected or appointed officials, and employees. agreemnt.f.fay01.wp6 1 81294 2. SCOPE OF SERVICES—OMI OMI shall: 2.1 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 monitonng for all or portions of this time. 2.2 Within the design capacity and capability of the Project, manage, operate, and maintain the Project so that effluent discharged from the Project meets the requirements specified in Appendix C. 2.3 Operate and maintain the present Industrial Pretreatment Program including all monitonng, inspections, sampling, testing, reporting, and record keeping as descnbed in appendix D. Results of all industrial sampling and testing shall be made available to owner as requested. 2.4 Provide all Maintenance for the Project. Document as required to continue existing maintenance program and to provide owner requested reporting. Owner shall have the nght to inspect these records during normal business hours. 2.5 Pay all Cost incurred within the scope of normal Project operations as defined in this contract. 2.6 Staff the Project with employees who have met the certification requirements of the State of Arkansas. 2.7 Prepare all NPDES permit reports and submit these to Owner for signature and approval. Transmittal to appropnate agencies shall be done by OMI. Any fines levied because of late reports as a result of OMI's failure to complete and allow sufficient time for Owner's signature and transmittal shall be paid by OMI. Sub- mittal to the Owner by the 10th of the month following the reporting period shall be considered timely. 2.8 Provide for the disposal of screening, grit, and sludge to the existing disposal sites in compliance with permit and regulatory requirements, as long as a suitable location for such disposal is reasonably available. Should regulations and/or disposal site availability significantly change, projected costs would be revised. 2.9 Provide for monitoring and control of septage deliveries, as provided for in the Owner's sewer use ordinance. 2.10 Provide all manufacturers' warranties on new equipment purchased by the Owner and assist the Owner in enforcing existing equipment warranties and guarantees. agteemnt.f.fay0l .wp6 2 81294 f 2.11 Improve facilities such that odor shall be managed as detailed in Appendix I. 2.12 Be responsible for all laboratory testing and sampling presently required by the NPDES permit. 2.13 Provide an inventory of vehicles and equipment that are being used at the Project at the beginning of each contract year. 2.14 Provide twenty four (24) hour per day access to Project for Owner's personnel. Visits may be made at any time by any of Owner's employees so designated by Owner's Representative. Keys for Project shall be provided Owner by OMI All visitors to the Project shall comply with OMI's operating and safety procedures. 2.15 Provide for the maintenance of existing Owner- owned rolling stock such as dump trucks and sludge tank trucks necessary for the operations and maintenance of the facilities. 2.16 Provide training for personnel in areas of operation, maintenance, safety, supervisory skills, laboratory, and energy management. Continue the current Project Safety Program with updates as necessary. 2.17 Provide computerized maintenance, process control, and laboratory management systems. 2.18 Comply with the requirements of Owner regarding affirmative action provisions for minonty hinng. 2.19 Provide Owner with a full accounting of all expenditures at intervals and in sufficient detail as may be determined by Owner and assist Owner in preparation of annual operating budgets. Owner shall be allowed to conduct or have conducted audits of all accounting related to the direct contract operations of this Agreement at times to be determined by Owner. 2.20 Provide Owner with full documentation that preventive maintenance is being performed on all Owner -owned equipment in accordance with manufacturer's recommendations at intervals and in sufficient detail as may be determined by Owner. Maintenance program shall include documentation of corrective and preventive maintenance and a spare parts inventory. 2.21 Provide for repairs as described in the Appendix A.5 2.22 Maintenance of the S.C.A.D.A (Supervisory Control and Data Acquisition) system as described in Appendix B.1. agreemnt. f. fay0l . wp6 3 81294 • 2.23 Venfy the capacity and efficiency of each pump in the sewage pump stations in year one (1) of the contract and to repeat the operation once every three (3) years thereafter. 2.24 Travel expenses and labor to provide visits and consultation with regulatory agencies for all items within the scope of this contract. 2.25 Provide recommendations for Capital Improvements with a schedule for improve- ments and expenditures within thirty (30) days of contract renewal and in the month of January of each successive contract year. 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 require- ments determined from facility operations and does not include detailed engineering studies. In addition, OMI will prepare the required forms and documentation required during budgetand capital improvements budget preparation time each year. OMI shall meet deadlines as set forth in the budget and CIP preparation manual Except for the improvements requiring an engineering study, the follow- ing will be included for each project: • • • • • Improvement needed Justification of improvements Cost of improvements Any projected increase or decrease in O&M costs created by the Project Proposed expenditure schedule Proposed capital recovery schedule Impact of early termination 2.26 Perform other services that are incidental to the Scope of Services upon written notification by Owner. Such services will be invoiced to Owner at OMI's Cost plus eighteen percent (18%). 2.27 Provide Owner with oral and written reports as requested. 2.28 Operate and maintain all existing wastewater lift station facilities including build- ings and grounds. However, maintenance of inlet and outlet pipeworks shall termi- nate at the wall of lift station. Should the owner add in excess of Six (6) additional lift stations a corresponding change of scope would be negotiated. 2.29 OMI will comply with present and future, federal, state and local laws in performing their obligations under the terms of this agreement. egreemnt.f.fey01.wp6 4 81294 3. SCOPE OF SERVICE—OWNER Owner shall: 3.1 Provide for all Capital Expenditures except for the Projects that Owner may authorize OMI to implement subject to mutually agreeable terms and conditions of repayment. 3.2 Maintain all existing Project warranties, guarantees, easements, permits and licenses that have been granted to Owner. 3.3 Pay all property, franchise or other taxes associated with the Project. 3.4 Provide OMI within a reasonable time after request any piece of Owner's heavy equipment that is available so that OMI may discharge its obligations under this Agreement in the most cost-effective manner. 3.5 Provide all licenses for vehicles used in connection with the Project. 3.6 Provide for OMI's use all vehicles and equipment presently in use at the Project, including the vehicles descnbed in Appendix E. 3.7 Pay for all Lift Station electncal power and other utilities. 3.8 Pay for all gasoline and diesel. 4. COMPENSATION 4.1 For services rendered during the first year of this agreement owner shall pay to OMI the actual cost of services performed plus a management fee of Seventy Thousand Dollars ($70,000). Said fee and estimated cost (base fee) shall be paid in twelve (12) equal monthly installments. 4.2 OMI and Owner agree that at the end of each three (3) months OMI will perform a reconciliation of estimated to actual cost and submit the reconciliation within thirty (30) days after the end of the period. The year end reconciliation will be performed following OMI's annual audit and will be submitted within one hundred twenty (120) days of the end of the contract year Any difference due to Owner or OMI will be paid within thirty (30) days of quarterly and annual reconciliation completion. 4.3 OMI estimates that cost for services, on an annual basis, under this agreement for the remainder of 1994 shall be Two Million Six Hundred Sixty Six Thousand Four Hundred Eighty One Dollars ($2,666,481). For calendar year 1995 OMI esti- mates are Two Million Seven Hundred One Thousand One Hundred and Seventy Seven Dollars (2,701,177) annually. Details of said cost are shown in agrcemnt.f.fay01.wp6 5 81294 Appendix J. The base fee shall be negotiated each year in September, beginning in 1995 for calendar year 1996. Should Owners and OMI fail to agree, the base fee will be determined by the application of the base fee adjustment formula shown in Appendix F. Should the actual expenditures exceed estimated expen- ditures by more than Twenty Thousand Dollars ($20,000), in any year of this agreement, specific approval will be obtained from the owner. 4.4 An administrative fee of 35 percent is added to personnel services, 5 percent to electricity, and 10 percent to all other costs for administration, support, manage- ment and overhead. 4.5 In order to provide an incentive for OMI to operate in a manner that will result in actual costs below estimated cost, Owner will pay OMI an additional fee when actual costs are below estimated cost. Said fee will be 12.5 percent of the amount actual cost are below estimated cost to a maximum amount of Seventy Five Thousand Dollars ($75,000). 4.6 Owner will pay as additional compensation to OMI any increase in electricity costs that are a result of electrical rate increases that occur during any Agreement year and have not been reflected in previous negotiations. OMI will invoice any such cost increase annually based on the calculated difference between previous and current rates. 4.7 In the event that a change in the scope of services provided by OMI occurs, Owner and OMI will negotiate a commensurate adjustment in estimated annual cost. 5. PAYMF.NT OF COMPF.NSATION 5.1 One Twelfth (1/12) of the base fee for the current year shall be due and payable on the first of the month for each month that services are provided. 5.2 All other compensation to OMI is due upon receipt of OMI's invoice and payable within thirty (30) days. 6. INDEMNITY, I IARII.ITY ANI) INSTJRANCF 6.1 OMI shall be liable for damages, injury, or loss which may arise from OMI'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 OMI or by a subcontractor of OMI. 6.2 OMI 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 . Article 2.2, that are a result of OMI's negligent operation. Owner will assist OMI to contest any such fines in administrative proceedings and/or in court prior to any payment by OMI. OMI shall pay the costs of contesting any such fines. agreemm.f.fay01.wp6 6 81294 r 6.3 Each party shall obtain and maintalh insiitance coverage of a type and in the amounts described in Appendix G Each party shall name the other party as an additional insured on all insurance policies covering the Project and shall provide the other party with satisfactory proof of insurance. 6.4 It is understood and agreed that, in seeking the services of OMI under this Agreement, Owner is requesting OMI to undertake uninsurable obligations for Owner's benefit involving the presence or potential presence of hazardous substances. Therefore, Owner agrees to hold harmless, indemnify, and defend OMI from and against any and all claims, losses, damages, liability, and costs including, but not limited to, costs of defense ansing out of or in any way connected with the presence, discharge, release, or escape of hazard substances of any kind, excepting only such liability as may arise out of the negligence or in- tentional act of OMI in the performance of services under this Agreement. 6.5 Nothing contained herein shall constitute a waiver of any statutory, legal or equitable defenses the owner may have as a municipality, including but not limited to tort immunity under State statue. 7. TERM AND TERMINATION; DFFATTI.T REMEDIES 7.1 The initial term of this Agreement shall be five (5) years and 4 (four) months co- mmencing on September 1,1994 and ending on December 31, 1999, followed by two (2) successive five (5) year options, each option renewable at the sole discre- tion of the owner. Each option can be made effective by written notification from the Owner to OMI ninety (90) days prior to the expiration of the previous contract period. All contract penods and renewals are subject to and contingent upon year- ly budget approval by the owner. 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) days to correct the breach. Neither party shall terminate this Agreement without giving the other party thirty (30) days written notice of intent to terminate after failure of the other party to correct the breach within thirty (30) days. 7.3 Upon notice of termination by Owner, OMI shall assist Owner in resuming operation of the Project. OMI will provide Owner at the date of termination the quantities of chemicals shown in Appendix H. Owner will pay OMI for the Cost of quantities in excess of the quantities shown in Appendix H. If additional Cost is incurred by OMI at request of Owner, Owner shall pay OMI such Cost in accordance with Article 5.2. 8. LABOR DTSPTTTFS4 FORCE. MATFTTRF 8.1 In the event activities by Owner's employee groups or unions cause a disruption in OMI's ability to perform at the Project, Owner, with OMI's assistance or OMI, agreemnt.f.fay01.wp6 7 81294 • at its own option, may seek appropriate injunctive court orders. During any such disruption, OMI shall operate the facilities on a best-efforts basis until any such disruptions cease. 8.2 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. 9 ARBITRATION 9.1 Any controversy between the parties to this agreement involving the construction or application of any of the terms, covenants or conditions of this agreement shall, on the written request of one party served on the other within thirty (30) days after the dispute arises, be submitted to arbitration, and such arbitration shall comply with and be governed by the Arkansas Uniform Arbitration Act (A.C.A.§16-108- 201 et seq.). 9.2 The parties to this agreement may agree on one arbitrator, but in the event that they cannot agree, there shall be three (3) arbitrators, one named in writing by each of the parties within fourteen (14) days after demand for arbitration, and a third to be chosen by the two so named. 9.3 If there is one arbitrator, his or her decision shall be binding and conclusive on the parties. If there are three arbitrators, the decision of any two shall be binding and conclusive. Both parties indicate their approval of this Agreement by their signatures below. Authorized signature: Authorized signature: Hen ✓Huff red Hanna, Jr. Titl . District Manager Title: Mayor OPERATIONS MANAGEMENT INTERNATIONAL, INC. Date: agreemnt.f.fay01.wp6 CITY OF FAYETTEVILLE Date. g_i- Gt14 81594 Appendix A DEFINITIONS A.1 The "Project" means all equipment, vehicles, grounds and facilities described in Appendix B and where appropriate, the management, operations and maintenance of such. A.2 "Capital Expenditures" means any expenditures for (I) the purchase of new equipment or facility items that cost more than One Thousand Dollars ($1,000.00); or (2) mayor repairs which significantly extend equipment or facility service life and cost more than Five Thou- sand Dollars ($5,000.00); or (3) expenditures that are planned, nonroutine and budgeted by Owner. A.3 "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, labor overhead, chemicals, matenals, supplies, utilities, equipment, maintenance, repair, and outside services. A.4 "Maintenance" means the cost of those routine and/or repetitive activities required or recommended by the equipment or facility manufacturer or OMI to maximize the service life of the equipment, sewer, vehicles, and facility. A.5 "Repairs" means the cost of those nonroutine/nonrepetitive 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 Five Thousand ($5,000.00); and are not included in definition A.2 of this Appendix. *Excludes cost of repair parts caused by storm damage to the S.C.A.D.A system. A.6 "Out of scope services" will include "capital expenditures" (A.2 this Appendix). Added or modified regulatory requirements (that are not contained in the NPDES permit) changes to improve efficiency and/or generate income. Or other services not described in the con- tract and requested by the Owner. These services shall be performed as stated in 2.26. Should "Out of Scope Services" become a permanent and on going requirement OMI will immediately submit a change of scope request in accordance with 4.7. A.7 "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 Owner's NPDES permit. Biologically toxic substances include but are not limited to heavy metals, phenols, cyanides, pesticides, and herbicides. A.8 "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. agrcemnt.f.fay0i.wp6 9 81294 Appendix B LOCATION OF PROJECT B.1 OMI agrees to provide the services necessary for the management, operation and maintenance of the following: a) All equipment, vehicles, grounds and facilities now existing within the present property boundaries of or being used to operate Owner's Wastewater Treatment Plant located at : 1500 Fox Hunter Rd. Fayetteville, Arkansas b) All equipment, grounds and facilities now existing within the present property boundaries of pump stations described as follows: WW1 978 E Zion Road WW2 Unknown (Timber Creek subdivision) WW3 Removed from service WW4 691 W Poplar WW5 3896 N Gregg Avenue WW6 3021 N Old Wire Road WW7 2034 N County Road 877 WW8 729 W North Street WW9 1336 N Porter Road WW10 716 N Futrall Drive WWII 4412 W 6th Street WW12 398 N Double Springs Road WW13 878 S Stonebridge Road WW14 1820 S Armstrong Road WW15 203 E 29Th Circle WW16 3917 S McCollum Road WW17 4394 S School Avenue WW18 202 N Sandy WW19 988 S Mally Wagnon Road WW20 3212 N Garland WW21 1687 S Happy Hollow Road WW22 630 N Double Springs Road c) All equipment, vehicles, grounds and facilities now existing within the present property boundaries of or being used to operate Owner's Sludge Management Site located east of the White River. d) The potable water S.C.A.D.A system at the following locations: agreemnt. f.fay01.wp6 11 81294 SITE W1 W2 W3 W4 W5 W6 W7 W8 W9 W10 agreemnt.f.fay01.wp6 ADDRESS 215 W 24Th St 844 N Crossover Rd 4938 E Mission Blvd 1016 E Ash St 707 E Rogers Dr 456 E Baxter Ln 707 E Rogers Dr 113 N Sang 1170 E South Skyline 1044 E. Township Rd 100 A N. Rock 1475 Cato Springs • DESCRIPTION Pump Station Pump Station Pump Station Pump Station Pump Station Ground Stg.Tank Ground Stg.Tank Elevated Stge. Tank Elevated Stge. Tank Elevated Stge. Tank Police Dept. Water & Sewer Operations Center 12 81294 C.1 Appendix C NPDES PERMIT AND PROJECT CHARACTERISTICS OMI will operate Project so that effluent will meet the requirement of NPDES permit No.AR0020010 (copy attached). OMI shall be responsible for meeting the effluent quality requirements of Owner's NPDES permit unless one or more of the following occurs; (1) the Project influent does not contain Adequate Nutrients to support operation of Project biological processes and/or contains Biologically Toxic Substances which cannot be removed by the existing process and facilities; (2) The flow, influent BOD5, and/or suspended sohds exceeds the Project design parameters which are: 30 Million Gallons Per Day (MGD) maximum; 17 MGD average weekly maximum flow; 12 MGD average monthly maximum; 25,700 pounds of BODS per day; 21,300 pounds of suspended solids per day. C.2 In the event any one of the Project influent charactenstics, suspended solids, BOD5, or flow, exceeds the parameters listed above, OMI shall return the plant effluent to the characteristics required by the NPDES permit in accordance with the following schedule after Project influent charactenstics return to within design parameters. Characteristics Exceeding T.isted Parameters Ry 10% or Less Above 10% Less than 20% 20% and Above Recovery Period Maximum 5days 10 days 30 days Not withstanding 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 OMI will have a thirty (30) day recovery period after the influent is free from said substances or contains Adequate Nutrients. C.3 OMI 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. agreemnt.f.fay01.wp6 13 81294 • C.4 The estimated Costs for services under this Agreement are based upon the following Project characteristics: Flow 12 million gallons per day BOD 14,582 pounds per day TSS 12,512 pounds per day Phosphorus 541 pounds per day The above characteristics are the actual twelve (12) months average prior to the date services are first provided under this Agreement. Any change of ten percent (10%) or more in any of these characteristics, based upon a twelve (12) month moving average, will constitute a change in scope. agreemnt.f.fay01.wp6 14 81294 Appendix D INDUSTRIAL WASTE DISCHARGERS AND MONITORING PROGRAM D.1 OMI shall: Administer the Industrial Pretreatment Program in accordance with 40 CFR 403. Administration shall include: a) Maintain the industnal waste sampling and analysis program for pretreatment and surcharge, as descnbed in D.3. b) Monitor the compliance status of the current nine (9) Significant Industrial Users (SIU's) through sampling, analysis, inspection, and record reviews. Issue notices of violation when appropriate, and recommend appropriate enforcement action to Owner. c) Receive, review and act upon reports and notification from industrial users. d) Track, determine, and publish industrial users in significant noncompliance. e) Issue, revise, and renew industrial waste discharge permits for the nine (9) SIU's. f) Conduct an Industnal Waste Survey periodically to identify new, or significant, industrial users in Fayetteville and in cities with which Fayetteville has intequris- dictional agreements for waste treatment. g) Assist Owner with review and revision of local limits, the sewer use ordinances, the pretreatment program, and intequrisdictionai agreements. h) Prepare and submit the Industrial Pretreatment annual report. i) Maintain all industrial monitoring records for at least three years. j) Maintain open communication with the SIU's. k) Keep Owner informed of pretreatment activities and changes in regulatory requirements. D.2 Significant costs due to new or changed Federal, State or local regulations shall cause a change of contract scope. agreemnt.f.fay01.wp6 15 81294 D.3 Industnal Waste Dischargers and Monitoring Program City of Fayetteville, AR: agreemnt.f. fay0l .wp6 16 81294 Industry Parameters Analyzed Frequency Campbell Soup Company 1100 W. 15th Street Fayetteville, AR 72701 Mr Fred McLane 443-3451 ext. 216 BOD, TSS, Phos, Ph, O&G 1 week/mo 1/yr Tyson Foods, Inc. 2615 S. School Fayetteville, AR 72701 Mr. Michael Rush 521-0677 BOD, TSS, Phos, Ph O&G 1 week/mo 1/yr Mexican Original 1851 E. Huntsville Rd. Fayetteville, AR 72701 Mr Bill Parker 521-4306 BOD, TSS, Phos, Ph, O&G 1 week/mo 1/yr Hiland Dairy 301 E. 15th Street Fayetteville, AR 72701 Mr. Dale Schoen 521-1707 BOD, TSS, Phos, Ph, O&G 1 week/mo 1/yr *Ozark Mountain Smokehouse 1725 Smokehouse Road Fayetteville, AR 72701 Mr. Jim Rogers 267-3567 BOD, TSS, Phos, Ph 1 week/mo R 2000 Fayetteville, 442-7551 Elkhart 3265 Fayetteville, 443-2367 & P Electroplating Pump Station Road AR 72701 Mr. Ron Shumate Products Corporation Hwy 71 S. AR 72701 Mr. James Hill Cd, Cr, Cu, Pb, Ni, Ag, Zn, TSS, CN, TTO, Total Metals, Ph Cr, Cu, Pb, Ni, Zn, O&G, TSS, Ph 1/yr 1/yr agreemnt.f. fay0l .wp6 16 81294 agreemnt.f.fay01.wp6 17 81294 Industry Parameters Analyzed Frequency Baldwin Piano & Organ Co. 1101 Beechwood Avenue Fayetteville, AR 72701 Mr. Harry Norman 442-5356 Cd, Cr, Cu, Pb, Ni, Ag, Zn, CN, TTO, Total Metals, pH 1/yr K -D Tools 2900 City Lake Road Fayetteville, AR 72701 Mr. Steve Shaw 751-8500 ext. 236 Cd, Cr, Cu, Pb, Ni, Ag, Zn, CN, TTO, O&G, pH 1/yr Superior Industries 1901 Commerce Dnve Fayetteville, AR 72701 Mr. Dana Pierce 443-7870 Cd, Cr, Cu, Pb, Ni, Ag, Zn, CN, TTO, pH 1/yr *Ozark Mountain Smokehouse only. is a "potential" SIU and is monitored for this reason agreemnt.f.fay01.wp6 17 81294 Appendix F VEHICLE AND MOBILE EQUIPMENT DESCRIPTION VEH 11 MAKE MODEL DESCRIPTION YEAR 62 Bandit Unknown Utility vehicle Unknown 76 Catapillar Unknown Articulating Tanker 1988 77 Catapillar Unknown Articulating Tanker 1988 164 Ford Crown Victona Passenger car 1990 203 GMC Jimmy Passenger car 1987 204 Chevy CIO (1/2 Ton) Pickup truck 1985 212 GMC 10 (1/2 Ton) Pickup truck 1986 231 Ford F250 Pickup truck 1988 262 Chevy 3/4 Ton 4X4 Pickup truck 1988 278 Ford F350 Utility truck 1991 518 John Deer 2955 Tractor 1988 519 Ford 5900 Tractor 1988 520 Case 1896 Tractor 1990 528 Ford 7810 Tractor 1991 529 Ford 3930 Tractor 1991 530 Ford 7810/7840 Trailer/loader 1991 531 Ford 7810 Tractor 1991 532 Ford 1310 Tractor Unknown 539 Ford CM224 Mower 1994 627 Ford Unknown Backhoe 1994 701 Ford 8000/S/A Dump truck 1983 712 Ford F-800 Tractor 1983 804 John Deer 450C Bulldozer 1983 906 Toyota 42-4F-625 Fork Lift 1984 agreemnt.f.fay01.wp6 18 81294 VEH H MAKE MODEL DESCRIPTION YEAR 908 Honda Foreman ATV 1987 924 New Holland 411 Discbine 1991 926 New Holland 575 Baler 1991 927 Parker 43 Generator Trailer 1991 928 Gehl RB1470 Baler 1991 929 Belshe T18 Backhoe trailer 1991 931 Gehl RB1470 Baler 1991 932 Yamaha Unknown Golf cart 1991 944 Polans Unknown A T V 1993 P.O. New Holland 465 Rotary mower 1994 P.O. New Holland 465 Rotary mower 1994 P.O. Walton WT21 Rotary tedder 1994 P.O. Ford F250 4X4 Pickup truck 1995 ANCILLARY EQUIPMENT Quantity of 6 military surplus generators Quantity 1 1986 Marlow 6" gasoline pump agreemnt.f.fay01.wp6 19 81294 4 • Appendix F BASE. FEE ADJUSTMENT Not to .exceed the change in the Consumer Price Index for All Urban Consumers (U.S. City Average) as published by U.S. Department of Labor, Bureau of Labor Statistics in the CPI DetailedReport for the three (3) months pnor to the beginning of the period for which an adjusted base fee is being calculated, and the three (3) months prior to OMI beginning service under this Agreement. • Electncal costs will be adjusted by actual increases from power supplier. agreemnt.f.fay01.wp6 20 81294 Appendix (1 INSURANCE COVERAGE OMI shall maintain: 1. Statutory workers' compensation for all of OMI's employees at the Project as required by the State of Arkansas. 2. Comprehensive general liability insurance in an amount not Less than $5,000,000.00 combined single limits for bodily injury and/or property damage. Owner shall maintain: 1. Property damage insurance, as required for municipalities by A.C.A.§21-9-303, for all property including vehicles and equipment owned by Owner and operated by OMI under this Agreement. Any property including vehicles not properly or fully insured shall be the financial responsibility of Owner. 2. Automobile liability insurance, as required for municipalities by ACA§21-9-303, for all vehicles and equipment owned by Owner and operated by OMI under this Agreement. agreemnt.f.fay01.wp6 21 81294