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.
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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.
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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.
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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.
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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
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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.
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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,
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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:
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CITY OF FAYETTEVILLE
Date. g_i- Gt14
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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.
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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:
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SITE
W1
W2
W3
W4
W5
W6
W7
W8
W9
W10
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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
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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.
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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.
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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.
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D.3 Industnal Waste Dischargers and Monitoring Program City of Fayetteville, AR:
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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
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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
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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
4-
-
ODOR MANAGEMENT
Black and Veatch, Inc contracted with The City of Fayetteville to perform a sludge
disposal and odor management study that was completed in December, 1992. OMI will
provide financing, engineering, labor and contract administration necessary to implement
the recommendations of this odor management study in phases designed to provide the
most economical, effective solution. OMI will also coordinate research incorporating
innovative chemical additions.
First stage: Domes on digester one and two with chemical odor management
Second stage: (Only if first stage tests unsatisfactory) Domes on digester one and two with
odor management equipment.
ANNUAL COST FOR ODOR MANAGEMENT
10 YEAR ANNUAL
STAGE AMORTIZATION OPERATING COST
FIRST $62,288 $65,000
SECOND $86,737 $45,000
Amortization of all capital cost will be based on a ten (10) year schedule even though only
a five (5) year contract is proposed. If for any reason the contract option renewal is not
made, or the contract is terminated prior to the completion of capital cost amortization, the
Owner will pay to OMI the remaining capital improvement principal amount, in full,
within 30 days following contract termination.
Should the above stages both prove to provide insufficient odor management, the Owner
and OMI will negotiate future stages of the Black and Veatch study until the odors are ade-
quately managed.
OMI will prepare or obtain plans, specifications and permits required for installation of
the necessary capital improvements to complete the outlined phases of the odor
management study. All plans and specifications will have Owner review and approval.
OMI estimates odor management implementation on the following schedule with times
based on a period following contract renewal. Time for Owner approvals not included:
agreemnt.f.fay0l.wp6 23 81294
, ' ' J y,
Completion time* Completion Item
6 months Research odor management utilizing chemical addition with
digester domes.
9 months Complete plans for dome installation.
18 months Utilization of domes
24 months Completion of first or second stage
*OMI has allowed time for regulatory approval of plans and specifications. Should
regulatory approval be unnessarily lengthy the time frames would be extended accordingly.
OMI will not be responsible for delays for circumstances beyond its control.
egreemm.f.fayO1.wp6 24 81294
COST DETAIL.
The proposed annual estimated cost for the remainder of 1994 and for 1995 were
calculated as follows:
Annual Estimated Cost
1994* 1995
Direct labor and benefits
$1,080,012
$1,080,012
Labor overhead @ 35%
$
378,004
$
378,004
Utilities
$
573,124
$
573,124
Utilities overhead @5%
$
28,656
$
28,656
All other direct costs
$
479,083
$
479,083
Administrative overhead 10%
$
47,908
$
47,908
Odor Management - Chemicals
$
45,000
$
45,000
Odor Management - Amortization
Sub -total $2,666,481 $2,701,177
/Fixed Fee % 70,000 $-70,000
Total Budget $2,736,481 $2,771,177
*These amounts are based on a one (1) year operation. The actual cost for each remaining
month of 1994 would be the 1994 cost divided by 12.
The following are some of the major additions to the current contract scope:
1. Operation and maintenance of the SCADA System for water and wastewater
facilities.
2. The hay harvesting operation.
3. Nutrient addition to optimize hay production.
4. Repairs under. $5,000.
5. Toxicity monitoring under the current permit.
6. Implementation of the odor management and sludge disposal study completed by
Black and Veatch.
7. Expanded operations and maintenance of the sludge management site.
agmemnt.f.fay01.wp6 25
0
ATTN: PATRICIA FRAHM
15114-01234 OMI23 OMI
OPERATIONS MANAGEMENT
INTERNATIONAL, INC.
5299 DTC BOULEVARD
SUITE 1200
ENGLEWOOD, CO 80111
04/01/95
THE CERTIFICATE HOLDER. THIS CERTIFICATE
OR ALTER THE COVERAGE AFFORDED BY THE
COMPANIES AFFORDING COVERAGE
COMPANY
LETTER A ZURICH INSURANCE COMPANY
COMPANY
LETTER B NATIONAL UNION FIRE INSURANCE COMPANY
COMPANY c
LETTER
COMPANY
LETTER
COMPANY
LETTER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LT11
TYPE OF INSURANCE
POUCYNUMBER
POLICYEFFECTIVE
DATE (MM/DD/Y
POLICYEKPIRATION
DATE (MMWOD/YY)
UMITS
A
GENERALLIABIUTY
COMMERCIAL GENERALLIABIUTY
CLAIMSMADEI X IOCCUR.
OWNER'S & CONTRACTORS PROT.
$250,000 SIR
SIRU053608
04/01/95
04/01196
GENERAL AGGREGATE
$ 2,000,000
X
PRODUCTS{:OMP/OPAGG.
$ 2,000,000
PERSONAL&ADV. INJURY
$ 750,000
EACH OCCURRENCE
$ 750,000
X
FIRE DAMAGE (Anyone fire)
$ 750,000
MED.EXPENSE(Anyoneperson
$
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
BAU053605
BAU053606(TX)
04/01/95
04/01/95
04101/96
04/01196
COMBINED SINGLE
LIMIT
$ 1,000,000
X
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
$
B
EXCESS LJABIUTY
X I UMBRELLA FORM
BE3096334
104/01/95
104101196
_ WnRKER'SCOMPENS_ATION - - WCU992020 04/01/95 04/01/96
AND
EMPLOYERS' LABILITY WCU053609 (CA) I 04/01/95 04/01/96
AGGREGATE I$
X STATUTORYUMITS
EACH ACCIDENT
ts
DISEASE—POUCY UMIT
DISEASE —EACH EMPLOYEE
$
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS
OPERATION, MAINTENANCE AND MANAGEMENT SERVICES FOR THE CITY OF FAYETTEVILLE.
CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR AS RESPECTS AUTOMOBILE LIABILITY, UMBRELLA LIABILITY
AND AS PER BLANKET ENDORSEMENT TO GENERAL LIABILITY POLICY.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO
CITY OF FAYETTEVILLE MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
ATTN PEGGY BATES
ROUTE 5 BOX 106 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
FAYETTEVILLE AK 72701 LIABILITY OF ANY K1ND UPON THE COP,wtw. 9BGENTS OR REPRESENTATIVES.
AUTNORI D REREGNTAT1VE
.h
IO
Z
La
PILE W1 12ES. q4 -q4 ON1r 1001 q(o
CE)eTIFICAT- OF INS,
'""� r `T DATE(MM/DDNYI
ACOItU. CERTIFICATE OF INSURANCE 297 cJ a,o/o��ssr�
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
JOHNSON & HIGGINS OF COLORADO, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1225 17TH STREET, SUITE 2100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
DENVER, CO 80202-5534 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
ATTN: LAVONNE EARNEST COMPANY
15114-01234 OMI3M OMI A ZURICH INSURANCE COMPANY
INSURED COMPANY
OPERATIONS MANAGEMENT B NATIONAL UNION FIRE INSURANCE COMPANY
INTERNATIONAL, INC. _.
5299 DTC BOULEVARD COMPANY
SUITE 1200 C AMERICAN GUARANTEE AND LIABILITY INSURANCE CO.
ENGLEWOOD, CO 80111 COMPANY
D'
GOVERAES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO �rypE OF iNSUAANCE- - -PODGY NUMBER - POUCYEFFECTIVE POLICYEXPIRATION UNITS
LT11 - - �- DATE (MMlDDM1 DATE (MLI11313r ) '• - - -
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000
A X COL iMERGAL GENERALLIABIUTY GL08378563 04/01/96 04/01/97 PRODUCTS-COMP/OPAGG $ 2,000,000
j CLAIMS MADE X OCCUR PERSONAL&ACV INJURY $ 750,000
OWNERS& CONTRACTOR'S PROT EACH OCCURRENCE $ 750,000
X $250,000 SIR FIRE DAMAGE (Any one are) $ 750,000
MED EXP (Any one person) $
A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ .1,000,000
X ANYAUTTO BAP8378516 (AOS) 04/01/96 04/01/97
ALL'OWNED AUTOS TAP8378560 (TX) 04/01/96 04/01/97 BODILY INJURY
SCHEDULEDAUTOS BAP8378561 (VA) 04/01/96 04/01/97
er person) (P $
HIRED AUTOS MA8378562 (MA) 04/01/96 04/01/97 BODILY INJURY $
NON -OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY
EACH ACCIDENT $
AGGREGATE $
B EXCESS LIABILITY EACH OCCURRENCE $ 3,000,000
X UMBRELLA FORM 6E3096392 04/01196 04101/97 AGGREGATE $ 3,000,000
OTHER -THAN UMBRELLA FORM. _ _ _ __ __ -__ _ _ ._-. .—_. _. _ . __ _- _._ .$. -
WORKERS COMPENSATION AND X STATUTORYUMITS
A EMPLOYERS' LIABILITY WC8378566 04/01/96 04/01/97 EACH ACCIDENT $ 1,000,000
A THE PROPRIETOFV X INCL WC8378565 04/01/96 04/01197 DISEASE -POLICY UNIT $ 1,000,000
PARTNEP"IEXECUTIVE
C OFFICE:^ARE: EXCL WC8378564 (CA) 04/01/96 04101197 DISEASE -EACH EMPLOYEE $ 1,000,000
OTh ER
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS (UNITS MAYBE SUBJECT TO RETENTIONS)
OPERATION, MAINTENANCE AND MANAGEMENT SERVICES FOR THE CITY OF FAYETTEVILLE.
CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR AS RESPECTS AUTOMOBILE LIABILITY, UMBRELLA LIABILITY
AND AS PER BLANKET ENDORSEMENT TO GENERAL LIABILITY POLICY.
.. ::. ,.
CE# 171CAT GLi7q ClANCELtJ►T1ON
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
.NTY OF FAYETTEVILLE EXPIRATION DATE THEREOF, Tilt ,SSUING. COMPANY WILL ENDEAVOR TO MAIL
ATTN PEGGY BATES
113 WEST MOUNTAIN STREET 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
FAYETTEVILLE AK 72701 BUT FAILURE TO MflL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND N THE COMPANY, ITS AGENTS OR -RE ESENTATIVES.
AUTHORIZED REPR TATIVE f
ACQIiD� �?
STAFF REVIEW FORM
AGENDA REQUEST
XX CONTRACT REVIEW
GRANT REVIEW
For the Council meeting of _
FROM:
MICROFILMED
Kevin
Crosson
Public
Works Director
Public Works
Name
Division
Department
ACTION REQUESTED: Operations Management International (OMI) has submitted a request to
amend our agreement for their services to operate, maintain, and manage the City's Wastewater
Treatment Plant. Please see attached documentation.
COST TO CITY:
$ 3,017.557
Cost of this request
5400-5100-5328.00
Account Number
Project Number
BUDGET REVIEW:
$ 3122.149.00
Category/Project Budget
$ 253,437.58
Funds Used to Date
$ 2,868,711.42
Remaining balance
CONTRACT/GRANT/LEASE REVIEW:
Wastewater Treatment
Category/Project NAME
Services and Charges
Program Name
Water and Sewer
Fund
Budget Adjustment Attached
Administrative Services Director
visio e'g`ret Date/I11 Cross Reference
__ New Item: Yes No
DepartmentDirectorDate
'/1/17 x'1/17 Prev Ord/Res #: 7C-eS.
Admfn. rvi s e t� 7/D/aa a �1
Orig Contract Date:
Mayg Date
FAYETTE`'I LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: Fred Hanna, Mayor
FROM: Kevin Crosson, Director of Public Works
DATE: January 23,1996
SUBJECT: OMI - Contract Amendment
Operations Management International (OMI) has submitted a request to amend our agreement for
their services to operate, maintain, and manage the Wastewater Treatment Plant. The City
currently pays OMI $3,054,251 annually, paid monthly, for their services. Amendment 2, as
submitted by OMI, will decrease the annual fee to $3,017,57.
The City entered into an agreement with OMI in August of 1994. The agreement defines the
contract period as five years with renewal options. In February 1996, the City approved
Amendment 1 to the agreement which expanded OMI's scope of services to include odor
management and enhancement services. Amendment I also increased the annual fees paid to OMI
to $3,054,251.
The cost detail, Appendix J, in Amendment 2 details the costs of our agreement by category. OMI
is proposing to increase the direct operation and management costs by $87,293, which is an
approximate 3% increase. OMI relates this cost increase mostly to the management and operation
of our odor control and sludge enhancement programs. OMI is, however, reducing the odor
management amortization costs by $110,372. This is due to the City electing to payoff the
outstanding odor management capital costs, approximately $925,000, in 1997. The amendment
will also reduce the fixed, management fees to $76,260, which is a $615 reduction.
Amendment 2 will reduce the yearly fee, as approved in the 1997 budget, by $36,694 per year.
The Mayor's approval is all that is required for this amendment because it is under the $20,000
signature limit.
I have attached proposed Amendment 2 for your consideration and approval. I have also attached
a copy of our original contract with Amendment 1 for reference purposes. Should you have any
questions about the amendments or contract, please call me. I appreciate your time and
consideration.
OMI3 WPD
AMENDMENT NO. 2
TO THE
AGREEMENT FOR OPERATIONS,
MAINTENANCE, AND MANAGEMENT SERVICES
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
WASTEWATER TREATMENT PLANT
THIS AGREEMENT, entered into this 2.1 day of 1997, by and between the
City of Fayetteville, Arkansas (hereinafter "Owner"), whose addre for any formal notice is 113
W. Mountain St, Fayetteville, Arkansas 72701 and Operations Management International, Inc.,
(hereinafter "OMI") with offices at 5299 DTC Boulevard, Suite 1200, Englewood, Colorado
80111-3333 is made and entered into for purposes of amending certain provisions of the
"Agreement for Operations, Maintenance, and Management Services for the City of Fayetteville's
Wastewater Treatment Plant," dated August 16, 1994 (the "Agreement") to prevent the facilities
covered by the Agreement from being deemed to be used in the trade or business of OMI
pursuant to Section 141 (b) of the Internal Revenue Code of 1986, as amended.
This is Amendment No. 2 to the Agreement dated the 16th day of August, 1994, between Owner
and OMI.
NOW THEREFORE, Owner and OMI agree to amend the Agreement as follows:
Article 4.1 is hereby deleted in its entirety and replaced with the following Article 4.1:
4.1 For services rendered during the third year of this agreement owner shall pay to
OMI the actual cost of services performed plus a management fee of Seventy Six
Thousand Two Hundred and Sixty Dollars ($76,260). Said fee and estimated cost
(base fee) shall be paid in twelve (12) equal monthly installments. The
management fee for subsequent years will be determined proportional to the
increase in estimated cost.
2. Article 4.3 is hereby deleted in its entirety and replaced with the following Article 4.3:
4.3 OMI estimates that cost for services for calendar year 1997 shall be Three Million
Seventeen Thousand Five Hundred and Fifty Seven Dollars($3,017,557) annually.
Details of said cost are shown in Appendix J. The base fee shall be negotiated
each year in September, beginning in 1997 for calendar year 1998. 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 expenditures by more than Twenty Thousand
Dollars ($20,000), in any year of this agreement, specific approval will be obtained
from the owner.
Appendix J is hereby deleted in its entirety and replaced with the attached Appendix J
All other terms and conditions remain in effect in accordance with the Agreement referenced in
this Amendment.
Both parties indicate their approval of this Amendment to the Agreement by their signatures
below as of the date shown above.
Authorized Signature:
Bernard A. Miller
Title: Chief Operating Officer
OPERATIONS MANAGEMENT
INTERNATIONAL, INC.
Date:2/21/cr?
Authorized Signature:
Fred anna, Jr.
Title: Mayor
CITY OF FAYETTEVILLE
Date: a -/a -97
.a
Appendix J
COST DETAIL
The proposed annual estimated costs for 1996 were calculated as follows:
Annual Estimated Cost
Proposed
1996 1997
Direct labor and benefits $1,184,029 $1,238,608
Labor overhead@35% 35% $ 414,410 $ 433,512
Electricity $ 605,000 $ 605,000
Electric overhead @ 5% $ 30,250 $ 30,250
All other direct costs $ 412,443 $ 424,817
Other direct costs overhead 10% $ 41.244 $ 42.482
Sub -Total $2,687,376 $2,774,669
Odor Management - Chemicals $ 75,000 $ 75,000
Sludge Enhancement Electrical $ 50,000 $ 50,000
Odor Management - Amortization 152.000 $ 41,628
Sub -total $2,964,376 $2,941,297
Fixed Fee $ 76.875 $ 76.260
Total Budget $3,041,251 $3,017,557
The following are some of the major reasons for cost circumstances:
1. Projected payoff of approximately $925,000 outstanding odor management capital costs
by the City in March 1997.
2. Continued need for electricity, chemicals, and labor to operate and maintain the sludge
enhancement/odor control equipment.
FILE W/ 12ES. 84-04
- e -, MICROFILM ^ , EFIc ar-25t .or I 0ZM+ 2 -q7Ns:' Achli . CERTIFICATE OF INSURANCE DATE (MM/DD YV
_... _.. ... ._ .. 02,25/97
PRODUCERTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
JOHNSON & HIGGINS OF COLORADO, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1225 17TH STREET, SUITE 2100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
DENVER, CO 80202-5534 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
ATTN: PAULA DELEON COMPANY
15114-01234 OMI3M OMI A ZURICH INSURANCE COMPANY
INSURED
COMPANY
OPERATIONS MANAGEMENT
B NATIONAL UNION FIRE INSURANCE COMPANY
INTERNATIONAL, INC.
5299 DTC BOULEVARD COMPANY
SUITE 1200 C AMERICAN GUARANTEE AND LIABILITY INSURANCE CO.
ENGLEWOOD, CO 80111 COMPANY
D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POUCYEFFECTIVE POUCYEXPIRATION UMITS
LTR DATE (MM/DO/YY) DATE (MM/DDIVY)
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000
A X COMMERCIAL GENERAL LIABILITY GLO8378563 04/01/96 05/01/97 PRODUCTS-COMP/OP AGG S 2,000,000
CLAIMS MADE ❑X OCCUR PERSONALBADV INJURY $ 750,000
OWNER'S&CONTRACTOR'S PROT - EACH OCCURRENCE $ 750,000
X $250,000 SIR FIRE DAMAGE (Any one fire) S 750,000
MED EXP (Any one person) $
A AUTOMOBILE LIABILITY
COMBINED SINGLE OMIT S 1,000,000
X ANVAUTO BAP8378516 (AOS) 04/01/96 05/01197
ALL OWNED AUTOS TAP8378560(TX) 04/01/96 05(01/97 BOWLYINJURY S
SCHEDULED AUTOS BAP8378561 (VA) 04/01196 05/01197 (Per person)
HIRED AUTOS MA8378562 (MA) 04/01/96 05/01/97 BODILY INJURY $
NONOWNED AUTOS (Per accident
PROPERTY DAMAGE S
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S
AGGREGATE $
B EXCESS UABIUTY - EACH OCCURRENCE $ 3,000,000
XUMBRELLA FORM 8E3096392 04/01/96 05101/97 AGGREGATE $ 3,000,000
--
OTHER THAN UMBRELLA FORM S
WORKERS COMPENSATION AND X STATUTORY UMRS
A EMPLOYERS' LIABILITY WC8378566 04101196 05/01197 EACH ACCIDENT $ 1,000,000
A THE PROPRIETOR/ X INCL WC8378565. 04/01/96 05101/97 DISEASE -POLICY OMIT S 1,000,000
PAR NERSIEXECUTIVE
C OFFICERS ARE: EXCL WC8378564 (CA) 04/01/96 05/01/97 DISEASE - EACH EMPLOYEE $ 1,000,000
OTHER
DESCRIPTION OF OPERATIONSM1OCATIONSNEHICLES/SPECIAL ITEMS (UNITS MAYBE SUBJECT TO RETENTIONS)
OPERATION, MAINTENANCE AND MANAGEMENT SERVICES FOR THE CITY OF FAYETTEVILLE.
CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR AS RESPECTS AUTOMOBILE LIABILITY, UMBRELLA LIABILITY
AND AS PER BLANKET ENDORSEMENT TO GENERAL LIABILITY POLICY.
eEnh1tIcA1rE HOLDER t
CANC LAC1gN
CITY OF FAYETTEVILLE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
ATTN PEGGY BATES EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
113 WEST MOUNTAIN STREET 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
FAYETTEVILLE AK 72701 BUT FAILURE TO L SUCH NOTICE SHALL I POSE P4 OBUGATION OR LIABILITY
OF ANY KIND U N THE CO ANY, I ADEN " OR REPRES TA YES.
AUTHORIZED REPR �ATNE
ACORD 25' S ice? '-k .: ' 6 ACORD3CORPORATION 1993;
Mi Res. 99 9y om/ s]iVii
Z
AI:III IIS C RT1FICATE flE JNSURANCE 702182 ATE(M 9;D ""
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
JOHNSON & HIGGINS OF COLORADO, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1225 17TH STREET, SUITE 2100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
DENVER, CO 80202-5534 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
ATTN: PAULA DELEON COMPANY
15114-01234 OMI3M OMI A ZURICH INSURANCE COMPANY
INSURED COMPANY
OPERATIONS MANAGEMENT B NATIONAL UNION FIRE INSURANCE COMPANY
INTERNATIONAL, INC.
5299 DTC BOULEVARD COMPANY "'
SUITE 1200 - -- .- C - AMERICAN GUARANTEE AND LIABILITY INSURANCE CO.
ENGLEWOOD, CO 80111 COMPANY
D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY D(PIRATIO:I LIMITS -
LTH DATE (MM/DDNY) DATE (MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000
A X CCN.MERCIAL GENERAL LIABILITY GLO8378563 05/01/97 05/01/98 PRODUCTS-COMP/OPAGG S 2,000,000
CLAIMS MADE X OCCUR -PERSONAL&ADV INJURY S 850,000
OWNER'S& CONTRACTOR'S PROT EACH OCCURRENCE $ 850,000
X $150,000 SIR FIRE DAMAGE(Any one fire) $ 850,000
. MED EXP (Any one person) $
A AUTOMEBILE LIABILITY i• •
COMBINED SINGLE LIMIT $ 1,000,000
X ANY AUTO"" BAP8378516 (AOS) 05/01/97 05/01/98
ALLOWNEDAUTOS TAP8378560 (TX) 05/01(97 05101/98 BODILY INJURY
$
SCHEDULEDAUTOS BAP8378561 (VA) 05/01!97 05101/98 (Per person)
HIRED AUTOS MA8378562 (MA) 05/01!97 05/01/98 - BODILY INJURY
NON -OWNED AUTOS (Per accident) $
PROPERTY DAMAGE S
GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY
EACH ACCIDENT $
AGGREGATE $
B EXCESS LIABILITY EACH OCCURRENCE $ 3,000,000
X UMBRELLA FORM- E932243._. ---------05/01/97 05/01/97 05/01/98 AGGREGATE $ 3,000,000
'
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND X STATUTORY LIMITS
A EMPLOYERS'LIABILITY WC8378566 05/01!97 05/01/98 EACH ACCIDENT $ 1,000,000
A THE PROPRIETOR! X INCL WC8378565 05/01!97 05/01/98 DISEASE -POLICY LIMIT $ 1,000,000
PARTNE'S�IEXECUTIVE
C OFFICERS ARE: ExcL WC8378564 (CA) 05/01!97 05101/98 DISEASE - EACH EMPLOYEE $ 1,000,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS (LIMITS MAYBE SUBJECT TO RETENTIONS)
OPERATION, MAINTENANCE AND MANAGEMENT SERVICES FOR THE CITY OF FAYETTEVILLE.
CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR AS RESPECTS AUTOMOBILE LIABILITY, UMBRELLA LIABILITY
AND AS PER BLANKET ENDORSEMENT TO GENERAL LIABILITY POLICY.
CERCI ICATEHOLD R CATICEL₹ATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE E
CITY OF FAYETTEVILLE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR
ATTN WEST MOUNTAIN
BATESEXPIRATION
STREET 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE. EFT,
113
FAYETTEVILLE AK 72701 BUT FAILURE TO IL SUCH NOTICE SHALL IMPOSE OBLIGATION OR LLIIA LIT?
OF ANY KIN PON THE COMPANY, AGE TS OR REPRESENTATIVES.
AUTHORIZED REP E NTATIVE
AC�:Rp25 S i3)?33) t�ACORl3 C;7RPPRA.TO .5993::
a.
r
RESOLUTION NO. 21- 9 9
A RESOLUTION APPROVING AMENDMENT NO. 4 TO THE
OMI CONTRACT FOR THE OPERATION OF THE PAUL
NOLAND TREATMENT PLANT, AND APPROVAL OF A
BUDGET ADJUSTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby approves Amendment No. 4 to the contract with
OMI for the operation of the Paul Noland Treatment Plant in the amount of $3,632,992 for 1999;
and authorizes the Mayor and City Clerk to execute said contract amendment. A copy of the contract
amendment is attached hereto marked Exhibit "A" and made a part hereof.
Section 2. The City Council hereby approves a budget adjustment in the amount of
$55,941 increasing PCP Operation Contract, Acct. No. 5400 5100 5328 00 decreasing Use of Fund
Balance, Acct. No. 5400 0940 4999 99. A copy of the budget adjustment is attached and made a
part hereof
PASSED AND APPROVED this 2nd day of Few, 1999.
APPROVE :
By:
Fred Hanna, Mayor
ATTEST:
B /�U≤
y: _
Heather Woodruff, City Cler p.
UL{
EXHIBIT A
AMENDMENT NO. 4
TO THE
AGREEMENT FOR OPERATIONS,
MAINTENANCE, AND MANAGEMENT SERVICES
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
WASTEWATER TREATMENT PLANT
THIS AMENDMENT, entered into this day of %L�Pr4At ' , 1999, by and between the
City of Fayetteville, Arkansas (hereinafter "Owner"), whose address for any formal notice is
113 West Mountain Street, Fayetteville, Arkansas 72701 and Operations Management
International, Inc. (hereinafter "OMI"), with offices at 6060 South Willow Drive, Suite 200,
Greenwood Village, Colorado 80111-5142 is made and entered into for purposes of amending
certain provisions of the "Agreement for Operations, Maintenance, and Management Services for
the City of Fayetteville's Wastewater Treatment Plant," dated August 16, 1994 (the
"Agreement") to prevent the facilities covered by the Agreement from being deemed to be used
in the trade or business of OMI pursuant to Section 141 (b) of the Internal Revenue Code of
1986, as amended.
This is Amendment No. 4 to the Agreement dated the 16th day of August 1994, between Owner
and OMI.
NOW THEREFORE, Owner and OMI agree to amend the Agreement as follows:
1. Article 4.1 is hereby deleted in its entirety and replaced with the following Article 4.1:
4.1 For services rendered during the fifth year of this agreement owner shall pay to
OMI the actual cost of services performed plus a management fee of Eighty Five
Thousand Four Hundred and Ninety Five Dollars ($85,495). Said fee and
• estimated cost (base fee) shall be paid in twelve (12) equal monthly installments.
The management fee for subsequent years will be determined proportional to the
increase in estimated cost.
2. Article 4.3 is hereby deleted in its entirety and replaced with the following Article 4.3:
4.3 OMI estimates that cost for services for calendar year 1999 shall be Three Million
Six Hundred Thirty Two Thousand, Nine Hundred and Ninety Two Dollars
($3,632,992) annually. Details of said cost are shown in Appendix J. The base fee
shall be negotiated each year in September, beginning in 1999 for calendar year
2000. 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 expenditures by more than Twenty
Thousand Dollars ($20,000), in any year of this agreement, specific approval will
be obtained from the owner.
YAMIDNW WPDATAI geemnn\FlPoyctIcvillc # oc - 1 - 01/19 /99
3. Appendix J is hereby deleted in its entirety and replaced with the attached Appendix J.
4. Appendix K is hereby added to the Agreement.
All other terms and conditions remain in effect in accordance with the Agreement referenced in
this Amendment.
Both parties indicate their approval of this Amendment to the Agreement by their signatures
below as of the date shown above.
Authorized Signature:
Bernard A. Miller
Title: Chief Operating Officer
OPERATIONS MANAGEMENT
INTERNATIONAL, INC.
Date: I ¶ (44 I
Authorized Signature:
Fre Hanna, Jr.
Title: Mayor
CITY OF FAYETTEVILLE
Da
MMIDNVM\WPDATASUgttmn 'Yycticrillt W.Ett
-2-
01/19/99
I '
RESOLUTION NO_ _ _
A RESOLUTION AUTHORI'LINCi THE MAYOR AND CITY
CLERK TO EXI:CLTE A CONTRACT WITH OPERATIONS
MANAGEMENT INTERNATIONAL„ INC. (OMI) TO
OVERSEE THE OPERATION OF THE WASITWATER
TREATMENT PLANT 1'OR A FIVE YEAR PERIOD
BEGINNING SEPTEMBER 1, 1994 AND ENDING DECEMBER
31, 1999.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. The City Council hereby authorizes the Mayor and City Clerk to execute
a contract with Operations Management International, Inc. (OMI) to oversee the operation of the
wastewater treatment plant for a five year period beginning September 1, 1994 and ending
December 31, 1999, with an option of renewal for two (2) consecutive five year periods. A
copy of the contract is attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 16th day of Aul. 1994.
APPROVED:
By:•
Fred Hanna, Mayor
ATTEST:
By: Z Q.C.c� / i
Traci Paul, City Clerk