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Home My WebLink About14-02 RESOLUTIONRESOLUTION NO. 14-02 A RESOLUTION APPROVING AMENDMENT NO. 7 TO THE OMI CONTRACT FOR THE OPERATION AND MANAGEMENT OF THE FAYEI IE.VILLE WASTEWATER TREATMENT PLANT IN THE AMOUNT OF THREE MILLION EIGHT HUNDRED FORTY-FIVE THOUSAND NINE HUNDRED FIFTY-SEVEN DOLLARS ($3,845,957.00); AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF ONE HUNDRED THIRTEEN THOUSAND EIGHT HUNDRED FIFTY DOLLARS ($113,850.00) FOR SAME. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves Amendment No. 7 to the OMI contract for the operation and management of the Fayetteville Wastewater Treatment Plant in the amount of Three Million Eight Hundred Forty -Five Thousand Nine Hundred Fifty -Seven Dollars ($3,845,957.00). A copy of the Amendment, marked Exhibit "A" is attached hereto, and made a part hereof. Section 2. That the City Council hereby approves a Budget Adjustment in the amount of One Hundred Thirteen Thousand Eight Hundred Fifty Dollars ($113,850.00) for same. Section 3. That the City Council hereby authorizes the Mayor to sign such a contract amendment with OMI. PASSED and APPROVED this 5th day of February, 2002. {'r1+1 HEATHER WOODRUFF, ity Clerk APPROVED: By: • NAME OF FILE: CROSS REFERENCE: Resolution No. 14-02 02/05/02 Resolution No. 14-02 a'/ aiblz Amendment No. 7 to the Agreement for Operations, Maintenance, and Management Services for the City of Fayetteville, Arkansas Wastewater Treatment Plant 01/23/02 Memo to Mayor Coody and Fayetteville City Council from Greg Boettcher, Public Works Director, regarding Amendment No. 7 to OMI Contract Operation, Maintenance and Management Service 12/19/00 Copy of Resolution No. 172-00 12/19/00 Copy of Amendment No. 6 12/19/00 Copy of the Agenda Request Fomi 11/27/00 Copy of Memo to Fayetteville City Council from Don Bunn, Asst. PW Director, thru Charles Venable, Public Works Director, and Mayor Fred Hanna, regarding Amendment No. 6 01/03/01 Memo to Don Bunn, Asst. Public Works Director, from Heather Woodruff, City Clerk 01/25/02 Copy of the Budget Adjustment Form 02/05/02 Staff Review Form 02/11/02 Memo to Billy Ammons, Wastewater Treatment Plant, from Heather Woodruff, City Clerk 001/42-. CEtfikiCATe or LOSURPD<e NOTES: • I d(CRaOLM ED RES, 141 -oz AMENDMENT NO. 7 ORIGINAL TO THE AGREEMENT FOR OPERATIONS, MAINTENANCE, AND MANAGEMENT SERVICES FOR THE CITY OF FAYEITEVILLE, ARKANSAS WASTEWATER TREATMENT PLANT THIS AMENDMENT, entered into this 5th day of FeB/Qa y , 2002, by and' between the City of Fayetteville, Arkansas (hereinafter "Owner"), whose address for any formal notice is 113 W. Mountain St, Fayetteville, Arkansas 72701 and Operations Management International, Inc., (hereinafter "OMI") with offices at 6060 S. 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. 7 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 seventh year of this agreement owner shall pay to OM1 the actual cost of services performed plus a management fee of Ninety One Thousand One Hundred and Twenty Eight Dollars ($91,128). Said fee and estimated cost (base fee) shall be paid in twelve (12) equal monthly in- stallments. The management fee for subsequent years will be determined proportional to the increase in estimated cost. 2. Article 4.2 is hereby deleted in its entirety and replaced with the following Article 4.2: 4.2 OMI and owner agree that at the end of the contract year, OMI will perform a reconciliation of estimated to actual cost and submit the reconciliation 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 acceptance of the reconciliation by both parties. 3. 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 2002 shall be Three Million Eight Hundred Forty -Five Thousand, Nine Hundred Fifty -Seven Dollars ($3,845,957) annually. Details of said cost are shown in Appendix J. The base fee +r owAjna.c +Fnm�in, A,n.O, 02/13/02 Ai Nt Arr • • shall be negotiated each year in September, beginning in 2002 for calendar year 2003. 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. . 4. Article 4.8 is hereby added in its entirety. 4.8 OMI agrees to incur up to $196,080 per year in lift station odor control direct expenses, including costs for necessary chemicals, pumps, tanks, related equipment and such outside services as needed. These expenses will not include labor and benefits for OMI personnel. OMI will rebate to the City the entire amount that actual lift station odor control expenses are less than $196,080 in any year of this Agreement. 5. Article 2.11 is hereby deleted in its entirety. 6. Appendices B, C, D, E, I-1, J, and K are hereby deleted in their entirety and replaced with the attached Appendices 13, C, D, E, I-1, J, and K. 7. Appendix 1 is hereby deleted in its entirety. 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: OPERATIONS MANAGEMENT INTERNATIONAL, INC. P E. Forrest Forbes Title: Vice President/ Project Delivery Date: — I – QRZ 1h7_DetatApeementilIsyma..lk As.l ba Authorized Signature: CITY OF FAYETTEVILLE D.n oody Title: Mayor Date A/0 Z 02/13/02 • • Appendix B LOCATION OF PROJECT 13.1 OM1 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 Wastewatcr Treatment Plant located at: 1500 North Fox Hunter Road 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 4938 Mission Blvd. (Timbercrest) WW3 Crystal Springs/Salem Road WW4 691 W. Poplar WW5 3896 N. Gregg WW6 3021 N. Old Wire Road WW7 2034 N. County Road 877 WW8 729 W. North Street WW9 1336 N. Porter W W I O 716 Futrall Drive WWI 1 4412 W. 6'" Street W W 12 398 N. Double Springs Road W W 13 878 S. Stonebridge Road W W I4 1820 S. Armstrong WW15 203 E 29'" Circle W W I6 3917 S. McCollum Road WWI7 4394 S. School WWI8 202 N. Sandy (Greenland) WWI9 988 S. Mallywagnon Road WW20 3212 N. Highway 112 W W21 1687 S. Happy Hollow Road WW22 630 N. Double Springs Road WW23 Masters Addition (Country Club — 2) WW24 4071 South McCollum (Airport East) WW25 Willow West (Farmington) WW26 74 S. Kestrel (Scquoyah Preserve) WW27 1031 River Meadows Drive (Stonebridge Meadow) WW28 1603 Plantation Avenue (Heritage Village) •P UOWApa,vYlMl,cna* & Anal — - 3 02/13/02 • • WW29 Greenland (Todd Bohannan) WW30 2324 Rupple Road W W31 2318 Internet (Research Park) WW32 478 N. Durango Place (Silverthorne) c) All equipment, grounds, and facilities now existing within the present property boundaries of or being used to operate the Owner's Sludge Management Site located cast of the wastewater treatment facility across the White River: d) The potable water SCADA system at the following locations: WI 215 W. 24'" Street W2 844 N. Crossover Road W3 4938 E Mission Boulevard W4 1016 E Ash Street W5 707 E. Rogers Drive W6 456 E Baxter Lane W7 707 E Rogers Drive W8 113 N Sang W9 1170 E South Skyline W10 1044 E Township Road W I 1 Mt. Kessler W I2 Highway 45 Valve Station W13 Fire Tower Avenue (Goshen) W14 Fire Tower Avenue (Goshen) W15 Co. Road No. 55 (Round Mountain) W 16 Co. Road No. 4343 (Benson Mountain) W17 Gulley Road Tank W18 Gulley Road Station 1475 Cato Springs Road 12141 Ed Edwards Road rl DaWAYesperadTNn tan W[ AN] ex Pump Station Pump Station Pump Station Pump Station Pump Station Ground Storage Tank Ground Storage Tank Elevated Storage Tank Elevated Storage Tank Elevated Storage Tank Elevated Storage Tank Pressure -reducing Valve Ground Storage Tank Pump Station Ground Storage Tank Ground Storage Tank Elevated Storage Tank Pump Station Water and Sewer Ops Center Mt. Robinson Tower Site - 4 02/13/02 C.1 • • Appendix C NI'DES PERMIT AND PROJECT CHARACTERISTICS OMI will operate Project so that effluent will meet the requirement of NDPES permit No AR0020010. OMI shall be responsible for meeting the effluent quality requirements of Owner's NPDES permit unless one or more of the following occurs: (I) the Project influent does not contain Adequate Nutrients to support operation of Project biological processes and/or contains Biologically Toxic Substances which cannot be remove by the existing' process and facilities; (2) the flow, influent BOD5, and/or suspended solids exceeds the Project design parameters which are: 30 million gallons per day (mgd) maximum; 17 MDG average weekly maximum flow; 12 mgd average monthly maximum, 25,700 pound of BODS per day; 21300 pounds of suspended solids per day. C.2 In the event any one of the Project influent characteristics, 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 characteristics return to within design parameters: Characteristics Exceeding Listed Parameters By: 10% or Less Above 10% But Less Than 20% 20% and Above Recovery Period Maximum 5 days 10 days 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 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. WP0.1✓ACaevWilf.letk.l3* A I'yC -5 02/13/02 • • C.4 The estimated Costs for services under this Agreement are bases upon the following Project Characteristics: Flow BODS TSS Phosphorus 12.27 mgd 19,805 lbs/day 18,775 lbs/day 805 lbs/day The above characteristics are the actual average for the twelve (12) months ending November of 2001. 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. WI.. Ds'ArineneetTs,mt.WeAnil- 02/ 13/02 • • Appendix D INDUSTRIAL PRETREATMENT PROGRAM D.1 a) Conduct a survey of the industrial user base 1 time per 3 years Update, as required, the list of significant industrial users (SIUs) as described in Appendix D according to the definition of SIU in 40 CFR 403 or the definition in the approved pretreatment program (Program), whichever is more stringent. b) Carry out inspection, surveillance, and monitoring procedures to determine if the SIUs arc in compliance with the Pretreatment Standards and the approved Program. Each SIU shall be sampled and inspected at the frequency established in 40 CFR 403 or the approved Program, whichever is more stringent. Maintain adequate records. c) Maintain the laboratory analysis program for each SIU as described in Appendix D. Results of all industrial sampling and testing shall be reported to Owner, as required, in a timely manner. d) Implement the approved industrial permitting system. Prepare for renewal all necessary industrial user control mechanisms within 45 days of the expiration date or within 180 days after the industry has been determined to be an SIU. e) Prepare notices of violation for noncompliance with 40 CFR 403 or the approved Program, whichever is more stringent, and initiate other enforcement actions by notifying Owner of the appropriate enforcement action according to the approved enforcement response plan. f) Prepare for submission to the Approval Authority (EPA and/or the appropriate State agency) an annual report describing the Program activities over the previous Program year in accordance with 40 CFR 403 or the approved Program, whichever is more stringent. Assist Owner with annual public notice of dischargers in significant noncompliance as required by 40 CFR 403. g) Advise Owner of changes in federal and State Pretreatment Standards and regulations and how the changes affect the local Program. Request approval from Owner and the Approval Authority prior to implementing significant changes to the approved Program in accordance with 40 CFR 403.18(c). h) 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. WP_OWAy—TFwmn W! Aal, 0! - 7 - 02/13/02 • • D.2 Industrial Waste Dischargers and Monitoring Program City of Fayetteville Industry Parameters Analyzed Ayrshire 1101 Fayetteville, Mr. Tim 442-5356 Electronics, I,LC S. Beechwood AR 72701 Pearce ext. 2113 Cadmium, nickel, chromium, silver, copper, lead, zinc Cooper Power Systems/ Kearney Operation 3660 S. School Avenue Fayetteville, AR 72701 Mr. James Raynor 587-6335 Cadmium, nickel, chromium, copper, lead, silver, zinc, cyanide Elkhart Products Corporation PO Box 1129 Fayetteville, AR 72702 Mr. Jerry Whiteside 443-2367 Chromium, and copper, grease lead, nickel, zinc, oil Hiland PO Fayetteville, Mr. 521-1707 Box Ray Dairy Company 3478 AR 72702 Arnold Biochemical suspended oil and oxygen demand, solids, phosphorus, grease total pH Danaher Tool 2900 City Lake Fayetteville, Mr. Dwight Canfield 442-7779 ext. Group/K-D Tools Road AR 72701 316 Cadmium, nickel, chromium, copper, lead, silver, zinc, cyanide Marshalltown 2200 Fayetteville, Mr. Jim 521-4306 Industrial Tools Drive AR 72701 Glass ext. 163 Cadmium, nickel, chromium, silver, copper, lead, zinc, cyanide Mexican PO Box Fayetteville, Mr. J. 521-4306 Original 1368 AR D. Doshier ext. 417 (East) 72702 Biochemical suspended oil and oxygen demand, total solids, phosphorus, pH grease Pinnacle PO Box Fayetteville, Mr. Fred 443-3451 Foods G McLane ext. Corporation AR 72702 216 Biochemical suspended oil oxygen demand, total solids, phosphorus, pH and grease WPo WAyanos.Nnmt.N[ As/, CY 02/13/02 • • Industry Parameters Analyzed Superior Industries International, Inc. 1901 Borick Drive Fayetteville, AR 72701 Mr. Robert Bracy 443-7870 Cadmium, chromium, copper, lead, nickel, silver, zinc, cyanide Tyson Foods, Inc. 2615 S. School Fayetteville, AR 72701 Mr. Richard Stockton 521-0677 Biochemical oxygen demand, total suspended solids, phosphorus, pli oil and grease Waste Management PO Box 1310 Springdale, AR 72765-1310 Mr. Jimmy Hendrix 361-1111 Cadmium, chromium, nickel, zinc, copper, lead, pH WP (YYAv.ca &FffnWnYM.,all- - 9 02/13/02 • • Appendix E • VEHICLE AND MOBILE EQUIPMENT DESCRIP"IION Unit No. Unit Description Year 177 Jcep Cherokee 1992 203 GMC Jimmy 4WD 1987 227 Ford F-250 4 X 4 1994 251 Ford Ranger 1994 266 GMC V -Jimmy 1990 284 Ford Ranger 4 X 4 1992 310 Ford F-350 3 -Way Dump 1990 320 Ford F-350 Crew Cab 1999 324 Ford F-350 w/crane 1999 539 Ford CM224 Mower 1994 550 Ford 5640 Tractor w/Loader 1995 551 Ford 3930 Tractor 1995 556 Ford/New Holland 8160 Tractor w/Loader 1997 562 New Holland 8160 Tractor 1999 563 New Holland Tractor 1999 564 New Holland Tractor w/Loader 1999 566 Ford LS55 Lawn Tractor 1999 570 New Holland 95 hp Tractor 2000 644 New Holland Backhoe/Loader 2000 701 Ford 8000 Dump 1983 712 Ford 8000 (Gooseneck) 1983 734 Freight Liner 1987 76 Caterpillar Articulated Tanker 1988 77 Caterpillar Articulated Tanker 1988 806 Case 1150G Bulldozer 1995 82 Sykes 6" Pump/Trailer 1995 900 Generator 1987 9002 New Holland 648 Round Baler 1999 9003 New Holland 1411 Mower 1999 9004 John Deere 348-C Square Baler 1999 9017 New Holland 1411 Mower 2000 906 Toyota Forklift 1984 910 16 Ft. Trailer N/C 1987 927 24' Parker Gooseneck Trailer 1991 952 Yamaha Golf Cart 1994 959 Bush Hog 2620 Cutter 1995 966 18 Ft. Trailer 1996 Wit QUWAytc t./FTtt ttlt. 1ll, .W)4 -10- 02/ 13/02 • • Unit No. Unit Description Year 968 Discbine 1996 969 Lo -Boy Trailer 1996 987 Hesston Large Square Baler 1998 988 Hesston Wheel Rake 1998 989 M & W Wheel Rake 1998 990 Ncw Holland 1411 Mower 1998 991 Polaris 500 4 X 4 1998 992 Polaris 500 4 X 4 1998 W OWApTmtvfFe, 0n I4 ASI? dot - 11 - 02/13/02 • • Appendix H • THIRTY -DAY CHEMICAL INVENTORY Chemical Purpose 30 -Day Supply Liquid Alum Phosphorus Removal 2,200 Gallons Ferrous Sulfate Lift Station Odor Control 10,000 Gallons Sodium Hydroxide Digester Odor Control 4,000 Gallons Sodium Hypochlorite Digester Odor Control 4,500 Gallons Sulfuric Acid Digester Odor Control 3,200 Gallons Liquid Oxygen Effluent Dissolved Oxygen 50,000 Cubic Ft h OWAp. cssq/Tmmn10[ A.., m( - 12 - 02/13/02 Appendix J COST DETAIL The proposed annual estimated costs for 2002 were calculated as follows: The following are some of the major reasons for cost circumstances: 1. Projected increase in electrical costs due to the experience of 2001 with full utilization of the second aeration basin, as well as the experience of enormous increases in `fuel cost adjustments' to the electrical costs in 2001, which cannot be ruled out in 2002. 2. Continued increase in the cost of providing skilled professional labor in Northwest Arkansas' highly competitive job market. 3. Projected increase in spending to control odors in the collection system of approximately $130,000. 4l I41✓Apese.N'IVs euedik AN) N[ - 13 - 02/13/02 Projected 2001 Budgeted 2001 Proposed 2002 Direct benefits labor and $1,443,833 $1,434,176 $1,436,331 Labor @ overhead 35% $ 505,342 $ 501,962 $ 502,716 Electricity $ 743,586 $ 700,000 $ 744,000 Electric overhead @ 5% $ 37,179 $ 35,000 $ 37,200 All other direct costs $ 710,908 $ 766,941 $ 722,275 Other direct costs overhead 10% $ 71,091 $ 76,694 $ 72,227 Sub Total S3,511,939 $3,514,773 $3,514,749 Fixed Fee $ 91,128 $ 91,128 $ 91,128 Lift Station Odor Control S 196,080 $ 196,080 Total Budget Operating $3,603,067 $3,605,901 $3,801,957 SCADA Upgrade— Phase 1 $ 99,424 (Phase 111) $ 110,000 (Phase IV) $ 44,000 Total Budget $3,702,491 $3,715,901 $3,845,957 The following are some of the major reasons for cost circumstances: 1. Projected increase in electrical costs due to the experience of 2001 with full utilization of the second aeration basin, as well as the experience of enormous increases in `fuel cost adjustments' to the electrical costs in 2001, which cannot be ruled out in 2002. 2. Continued increase in the cost of providing skilled professional labor in Northwest Arkansas' highly competitive job market. 3. Projected increase in spending to control odors in the collection system of approximately $130,000. 4l I41✓Apese.N'IVs euedik AN) N[ - 13 - 02/13/02 • • Appendix K SCADA UPGRADE—PHASE 3—SCOPE OF WORK The following SCADA upgrade tasks will be performed by OMI during the calendar year 2002. 1. Installation of SCADA monitoring equipment (purchased and constructed in 2000) at 15 remote valve sites in the water distribution system, specific sites to be determined by the City, to be compatible with the OM1 -developed SCADA system. This work was originally scheduled to be performed in 2000, but was delayed due to delays in construction of the specific water distribution components that will be monitored. Note that this item specifically excludes responsibility for providing the actual sensing or control devices, any road boring or road cutting required for access, installation of electrical service, or purchase/installation of mechanical equipment at these locations. wcwAgrum..m u. Mon roc - 14 - 02/13/02 w • RES. AMENDMENT NO. 7 ORIGINAL TO THE AGREEMENT FOR OPERATIONS, MAINTENANCE, AND MANAGEMENT SERVICES FOR TILE CITY OF FAYE'll'EVILLE, ARKANSAS WASTEWATER TREATMENT PLANT THIS AMENDMENT, entered into this day of , 2002, by and between the City of Fayetteville, Arkansas (hereinafter "Owner"), whose address for any formal notice is 113 W. Mountain St, Fayetteville, Arkansas 72701 and Operations Management International, Inc., (hereinafter "OMI") with offices at 6060 S. 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. 7 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 seventh year of this agreement owner shall pay to OMI the actual cost of services performed plus a management fee of Ninety One Thousand One Hundred and Twenty Eight Dollars ($91,128). Said fee and estimated cost (base fee) shall be paid in twelve (12) equal monthly in- stallments. The management fee for subsequent years will be determined proportional to the increase in estimated cost. 2. Article 4.2 is hereby deleted in its entirety and replaced with the following Article 4.2: 4.2 OMI and owner agree that at the end of the contract year, OMI will perform a reconciliation of estimated to actual cost and submit the reconciliation within one hundred twenty (120) days of the end of the contract year. Any difference due to Owner or OM1 will be paid within thirty (30) days of acceptance of the reconciliation by both parties. 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 2002 shall be Three Million Eight Hundred Forty -Five Thousand, Nine Hundred Fifty -Seven Dollars ($3,845,957) annually. Details of said cost are shown in Appendix J. The base fee ul O.ufyouvf?ry,uni4 •nn lx 02/13/02 • • shall be negotiated each year in September, beginning in 2002 for calendar year 2003. 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. 4. Article 4.8 is hereby added in its entirety. 4.8 OMI agrees to incur up to $196,080 per year in lift station odor control direct expenses, including costs for necessary chemicals, pumps, tanks, related equipment and such outside services as needed. These expenses will not include labor and benefits for OMI personnel. OMI will rebate to the City the entire amount that actual lift station odor control expenses are less than $196,080 in any year of this Agreement. 5. Article 2.11 is hereby deleted in its entirety. 6. Appendices B, C, D, E, H, J, and K are hereby deleted in their entirety and replaced with the attached Appendices B, C, D, E, 1-1, J, and K. 7. Appendix 1 is hereby deleted in its entirety. 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: OPERATIONS MANAGEMENT INTERNATIONAL, INC. E Forrest Forbes Title: Vice President/ Project Delivery Date: J—/ 0 Z LLPIIalA.. sf.,Olt.11k AM 6c Authorized Signature: CITY OF FAYETTEVILLE Dan Co`ody Title: Mayor 3/�/0Z Date: 02/13/02 • • Appendix B LOCATION OF PROJECT B.I 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 North Fox Hunter Road Fayetteville, Arkansas b) All equipment, grounds, and facilities now existing within the present property boundaries of pump stations described as follows: WW 1 978 E Zion Road WW2 4938 Mission Blvd. (Timbercrest) WW3 Crystal Springs/Salem Road WW4 691 W. Poplar WW5 3896 N. Gregg WW6 3021 N. Old Wire Road WW7 2034 N. County Road 877 WW8 729 W. North Street WW9 1336 N. Porter W W I O 716 Futrall Drive WWI1 4412 W. 6ih Street W W I2 398 N. Double Springs Road W W 13 878 S. Stonebridge Road W W 14 1820 S. Armstrong W W 15 203 E. 29th Circle W W 16 3917 S. McCollum Road W W 17 4394 S. School W W 18 202 N. Sandy (Greenland) W W 19 988 S. Mallywagnon Road W W20 3212 N. Highway 112 WW21 1687 S. Happy Hollow Road WW22 630 N. Double Springs Road WW23 Masters Addition (Country Club — 2) WW24 4071 South McCollum (Airport East) WW25 Willow West (Farmington) WW26 74 S. Kestrel (Scquoyah Preserve) WW27 1031 River Meadows Drive (Stonebridge Meadow) WW28 1603 Plantation Avenue (Heritage Village) WP_UsaMipearetsliTqain W[ Ant'!c - 3 - 02/13/02 • WW29 Greenland (Todd Bohannan) W W30 2324 Rupple Road W W31 2318 Internet (Research Park) WW32 478 N. Durango Place (Silverthome) • c) All equipment, grounds, and facilities now existing within the present property boundaries of or being used to operate the Owner's Sludge Management Site located east of the wastewater treatment facility across the White River: d) The potable water SCADA system at the following locations: 215 W. 24"Street 844 N. Crossover Road 4938 E. Mission Boulevard 1016 E. Ash Street 707 E. Rogers Drive 456 E. Baxter Lane 707 E. Rogers Drive 113 N. Sang 1170E South Skyline 1044E Township Road Mt. Kessler Highway 45 Valve Station Fire Tower Avenue (Goshen) Fire Tower Avenue (Goshen) WI Pump Station W2 Pump Station W3 Pump Station W4 Pump Station W5 Pump Station W6 Ground Storage Tank W7 Ground Storage Tank W8 Elevated Storage Tank W9 Elevated Storage Tank W 10 Elevated Storage Tank W 11 Elevated Storage Tank W12 Pressure -reducing Valve W13 Ground Storage Tank W14 Pump Station W15 Co. Road No. 55 (Round Mountain) Ground Storage Tank W16 Co. Road No. 4343 (Benson Mountain) W17 Gulley Road Tank W18 Gulley Road Station 1475 Cato Springs Road 12141 Ed Edwards Road %P_UstalAgnspeceiterff nein Ilk AMd:c Ground Storage Tank Elevated Storage Tank Pump Station Water and Sewer Ops Center Mt. Robinson Tower Site 02/13/02