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HomeMy WebLinkAbout14-02 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 Appendix C NPDES PERMIT AND PROJECT CHARACTERISTICS C.1 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 BOD5 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. ��NT• m^�^�T� - 5 - 02/13/02 S C.4 The estimated Costs for services under this Agreement are bases upon the following Project Characteristics: Flow 12.27 mgd 8OO5 19,805 lbs/day TSS 18,775 lbs/day Phosphorus 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. - 6 - 02/13/02 Appendix D INDUSTRIAL PRETREATMENT PROGRAM D.1 a) Conduct a survey of the industrial user base I 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 SlUs are 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. ., L•tcK mnW,,,c - 7 - 02/13/02 D.2 Industrial Waste Dischargers and Monitoring Program City of Fayetteville Industry Parameters Analyzed Ayrshire Electronics, LLC Cadmium, chromium, copper, lead, 1101 S. Becchwood nickel, silver, zinc Fayetteville, AR 72701 Mr. Tim Pearce 442-5356 ext. 2113 Cooper Power Systems/ Cadmium, chromium, copper, lead, Kearney Operation nickel, silver, zinc, cyanide 3660 S. School Avenue Fayetteville, AR 72701 Mr. James Raynor 587-6335 Elkhart Products Corporation Chromium, copper, lead, nickel, zinc, oil PO Box 1129 and grease Fayetteville, AR 72702 Mr. Jerry Whiteside 443-2367 Hiland Dairy Company Biochemical oxygen demand, total PO Box 3478 suspended solids, phosphorus, pH, Fayetteville, AR 72702 oil and grease Mr. Ray Arnold 521-1707 Danaher Tool Group/K-D Tools Cadmium, chromium, copper, lead, 2900 City Lake Road nickel, silver, zinc, cyanide Fayetteville, AR 72701 Mr. Dwight Canfield 442-7779 ext. 316 Marshalltown Tools Cadmium, chromium, copper, lead, 2200 Industrial Drive nickel, silver, zinc, cyanide Fayetteville, AR 72701 Mr. Jim Glass 521-4306 ext. 163 Mexican Original (East) Biochemical oxygen demand, total PO Box 1368 suspended solids, phosphorus, pH, Fayetteville, AR 72702 oil and grease Mr. J. D. Doshier 521-4306 ext. 417 Pinnacle Foods Corporation Biochemical oxygen demand, total PO Box G suspended solids, phosphorus, pH, Fayetteville, AR 72702 oil and grease Mr. Fred McLane 443-3451 ext. 216 wwAvss,ffa.isAsnc - 8 - 02/13/02 Industry Parameters Analyzed Superior Industries International, Inc. Cadmium, chromium, copper, lead, 1901 Borick Drive nickel, silver, zinc, cyanide Fayetteville, AR 72701 Mr. Robert Bracy 443-7870 1 yson Foods, Inc. Biochemical oxygen demand, total 2615 S. School suspended solids, phosphorus, pH, Fayetteville, AR 72701 oil and grease Mr. Richard Stockton 521-0677 Waste Management Cadmium, chromium, copper, lead, PO Box 1310 nickel, zinc, p1 -I Springdale, AR 72765-1310 Mr. Jimmy Hendrix 361-1111 rr trr.p.n aec - 9 - 02/13/02 U Appendix E VEHICLE AND MOBILE EQUIPMENT DESCRIPTION Unit No. Unit Description Year 177 Jeep Cherokee 1992 203 GMC Jimmy 4WD 1987 227 Ford F -250 4X4 X 4 1994 251 Ford Ranger 1994 266 GMC V -Jimmy 1990 284 Ford Ranger4X4 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 BackhoefLoader 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 I8 Ft. Trailer 1996 w 1IYApap�ptAsli�jWnIIN AMIl1[ - t0- 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 New Holland 1411 Mower 1998 991 Polaris 500 4 X 4 1998 992 Polaris 500 4 X 4 1998 vru.vAw�+✓r "Mm ne.wl eer - II - 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 rvr_o.✓+a___.snmm�ur n.n... - 12- 02/13/02 C E Appendix J COST DETAIL The proposed annual estimated costs for 2002 were calculated as follows: Projected 2001 Budgeted 2001 Proposed 2002 Direct labor and benefits $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 $3,511,939 $3,514,773 $3,514,749 Fixed Fee $ 91,128 $ 91,128 $ 91,128 Lift Station Odor Control $ 196,080 $ 196,080 Total Operating Budget $3,603,067 $3,605,901 $3,801,957 SCADA Upgrade— Phase I $ 99,424 (Phase III) $ 110,000 (Phase IV) S 44,000 Total Budget $3,702,491 $3,715,901 $3,845,957 The following are some of the major reasons for cost circumstances: I. 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. o..,a,Th.,w uk N++c - 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 OMI-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. wr OW/.pe ffl'.,anllknWlix - 14- 02/13/02 • AMENDMENT NO. 7 .COPY 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 , 200_, 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 80111-5 142 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: 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 installments. 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 4.3: 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 Fourty-Five Thousand, Nine Hundred Fifty -Seven Dollars ($3,845,883) annually. Details of said cost are shown in Appendix J. The base fee 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. 3. Article 4.8 is hereby added in its entirety. 4.8 OW 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, H, J, and K. 7. Appendix I 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: Bernard A. Miller Title: Chief Operating Officer OPERATIONS MANAGEMENT INTERNATIONAL, INC. Date: Authorized Signature: Dan Coody Title: Mayor Date: CITY OF FAYETFEVILLE wLI 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 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: WWI 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 WW10 10 716 Futrall Drive WWI 1 4412 W. 6ih Street WW 12 398 N. Double Springs Road WWI 3 878 S. Stonebridge Road WW14 14 1820 S. Armstrong WW15 15 203 E. 29`" Circle WW16 3917 S. McCollum Road WW17 17 4394 S. School WW18 18 202 N. Sandy (Greenland) WW 19 988 S. Mallywagnon Road WW 20 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 (Sequoyah Preserve) WW27 1031 River Meadows Drive (Stonebridge Meadow) WW28 1603 Plantation Avenue (Heritage Village) WW29 Greenland (Todd Bohannan) WW30 2324 Rupple Road W W 31 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: W 1 215 W. 24'" Street Pump Station W2 844 N. Crossover Road Pump Station W3 4938 E. Mission Boulevard Pump Station W4 1016 E. Ash Street Pump Station W5 707 E. Rogers Drive Pump Station W6 456 E. Baxter Lane Ground Storage Tank W7 707 E. Rogers Drive Ground Storage Tank W8 113 N. Sang Elevated Storage Tank W9 1170 E. South Skyline Elevated Storage Tank W 10 1044 E. Township Road Elevated Storage Tank WI! Mt. Kessler Elevated Storage Tank W12 Highway 45 Valve Station Pressure -reducing Valve W13 Fire Tower Avenue (Goshen) Ground Storage Tank W14 Fire Tower Avenue (Goshen) Pump Station W 15 Co. Road # 55 (Round Mountain) Ground Storage Tank W 16 Co. Road # 4343 (Benson Mountain) Ground Storage Tank W 17 Gulley Road Tank Elevated Storage Tank W18 Gulley Road Station Pump Station 1475 Cato Springs Road Water & Sewer Ops Center 12141 Ed Edwards Road Mt. Robinson Tower Site Appendix C NPDES PERMIT AND PROJECT CHARACTERISTICS C.1 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: (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 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 BOD5 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. C.4 The estimated Costs for services under this Agreement are bases upon the following Project Characteristics: Flow 12.27 MGD BOD5 19,805 lbs/day TSS 18,775 lbs/day Phosphorus 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. Appendix D 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 SlUs are 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. C D.2 Industrial Waste Dischargers and Monitoring Program City of Fayetteville Industry Parameters Analyzed Ayrshire Electronics, LLC Cadmium, chromium, copper, lead, nickel, 1101 S. Beechwood silver, zinc Fayetteville, AR 72701 Mr. Tim Pearce 442-5356 ext. 2113 Cooper Power Systems/Kearney Cadmium, chromium, copper, lead, nickel, Operation silver, zinc, cyanide 3660 S. School Avenue Fayetteville, AR 72701 Mr. James Raynor 587-6335 Elkhart Products Corporation Chromium, copper, lead, nickel, zinc, oil & PO Box 1129 grease Fayetteville, AR 72702 Mr. Jerry Whiteside 443-2367 Hiland Dairy Company Biochemical oxygen demand, total PO Box 3478 suspended solids, phosphorus, pH, oil & Fayetteville, AR 72702 grease Mr. Ray Arnold 521.1707 Danaher Tool Group/K-D Tools Cadmium, chromium, copper, lead, nickel, 2900 City Lake Road silver, zinc, cyanide Fayetteville, AR 72701 Mr. Dwight Canfield 442-7779 ext. 316 Marshalltown Tools Cadmium, chromium, copper, lead, nickel, 2200 Industrial Drive silver, zinc, cyanide Fayetteville, AR 72701 Mr. Jim Glass 521-4306 ext. 163 Mexican Original (East) Biochemical oxygen demand, total PO Box 1368 suspended solids, phosphorus, pH, oil & Fayetteville, AR 72702 grease Mr. J. D. Doshier 521-4306 ext. 417 Industiy Parameters Analyzed Pinnacle Foods Corporation Biochemical oxygen demand, total PO Box G suspended solids, phosphorus, pH, oil & Fayetteville, AR 72702 grease Mr. Fred McLane 443-3451 ext. 216 Superior Industries International, Inc. Cadmium, chromium, copper, lead, nickel, 1901 Borick Drive silver, zinc, cyanide Fayetteville, AR 72701 Mr. Robert Bracy 443-7870 Tyson Foods, Inc. Biochemical oxygen demand, total 2615 S. School suspended solids, phosphorus, pH, oil & Fayetteville, AR 72701 grease Mr. Richard Stockton 521-0677 Waste Management Cadmium, chromium, copper, lead, nickel, PO Box 1310 zinc, pH Springdale, AR 72765-1310 Mr. Jimmy Hendrix 361-1111 C 11 Appendix E VEHICLE AND MOBILE EQUIPMENT DESCRIPTION Unit # Unit Description Year 177 Jeep 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 Ran er 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 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 New Holland 1411 Mower 1998 991 Polaris 500 4 X 4 1998 992 Polaris 500 4 X 4 1998 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 50,000 Cubic Ft Oxygen S • Appendix J COST DETAIL The proposed annual estimated costs for 2002 were calculated as follows: Projected 2001 Direct labor and benefits $1,443,833 Labor overhead @ 35% $ 505,342 Electricity $ 743,586 Electric overhead @ 5% $ 37,179 All other direct costs $ 710,908 Other direct costs overhead 10% $ 71,091 Sub -Total $3,511,939 Fixed Fee $ 91,128 Lift Station Odor Control Budgeted Proposed 2001 2002 $1,434,176 $1,436,331 $ 501,962 $ 502,716 $ 700,000 $ 744,000 $ 35,000 $ 37,200 $ 766,941 $ 722,275 $ 76,694 $ 72.227 $3,514,773 $3,514,749 $ 91,128 $ 91.128 $ 196,080 Total Operating Budget $3,603,067 $3,605,901 $3,801,957 SCADA Upgrade - Phase 1 $ 99,424(Phase III)$ 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 he second aeration basin, as well as the experience of enormous � l adjustments' to the electrical costs in 2001, which cannot berOoo 3-732.10 7 7 2. Continued increase in the cost of providing skilled profession .as' highly competitive job market. Odo -OPoc 3. Projected increase in spending to control odors in the collect.... .aj.as.s. _ r.. $130,000. Appendix K SCADA UPGRADE - PHASE 3- SCOPE OF WORK The following SCADA upgrade tasks will be performed by OMI during the calendar year 2002. 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 OMI-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. • • Its. /'f -a -A MEMORANDUM TO: Greg Boettcher/Public Works Director FROM: Billy Ammons/OMI Project Manager DATE: 5 March 2002 SUBJECT: Contract Renewal OMI Enclosed are the contract amendment documents, signed by OMI's signatory authority (Forrest Forbes, VP of Project Delivery). We would certainly appreciate it if the Mayor could sign these documents as well. It is my understanding that the City would then keep one original and return the other signed original to me. Thank you for your help in concluding this process. I agree that we should start earlier in the year the next time around! S IVT�Cj7, i�,I`J1I Il� FAYETTEVILLE THE CITY OF FAYE7TEVIILE, ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Mayor Dan Coody and Fayetteville City Council FROM: Greg Boettcher, P.E., Public Works Director Date: January 23 2002 RE: Amendment No. 7 to OMI Contract Operation, Maintenance, and Management Service Attached for review and approval is a proposed Amendment No. 7 to the "Agreement for Operation, Maintenance, and Management Services for the City of Fayetteville's Wastewater Treatment Plant" dated August 16, 1994. The scope of services includes the operation, maintenance and management of: 1) Noland Wastewater Treatment 2) all wastewater pumping stations 3) biosolids management program 4) SCADA System 5) industrial pretreatment program 6) permit reporting/compliance program This contract amendment is part of the long-term operating agreement that provides continuity of services through December 31, 2004. Amendment No. 7 to OMI Contract Operation, Maintenance, and Management Service Page 2 A general breakdown of the proposed costs is included as part of Amendment No. 7, with the data being summarized as follows: Annual Costs - 2002 Basic Operation and Maintenance $3,590,829.00 Fixed Management Fee 91,128.00 Sub -total (Operation, Maintenance, and Management) 3,681,957.00 Expanded Odor Control 120,000.00 Budgeted Operation's Costs $3,801,957.00 Capital Cost for Phase IV SCADA S 44,000.00 Total Capital, Operation, Maintenance and Management Cost for Fiscal Year 2002 $3,845,957.00 The budgeted operation, maintenance and management costs for fiscal year 2001 (including capital cost component) was $3,605,901.00 compared to a proposed fiscal year 2002 cost of $3,681,957.00. This represents an increase in costs of 2.1%, which is deemed approvable. In the past operating year, OMI has reported significant and unpredicted increases in electrical energy charges due to fuel cost adjustment; however, these have been absorbed by other operational economics. The increase in total cost is representative of normal cost escalations outside the control of OMI. The approval of the costs set out in Amendment No 7 is recommended. This matter is deemed an urgent issue due to the fact that Amendment No. 6 (for fiscal year 2001) has expired, and no further payments for contract operating services can be made until a contract amendment is approved. It is to be further noted that the contract is structured to encourage operating cost reductions by OMI, with all annual cost savings to be distributed on a ratio of 12 %2 % to OMI and 87 %2 % to City of Fayetteville. RESOLUTION NO. 172-00 t A RESOLUTION APPROVING AMENDMENT NO.61O TO THE OMI CONTRACT FOR THE OPERATION AND MANAGEMENT SERVICES OF THE FAYETTEVILLE WASTEWATER TREATMENT PLANT IN THE AMOUNT OF $3,715,901. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves Amendment No. 6 to the OMI contract for the operation and management services of the Fayetteville Wastewater Treatment Plant in the amount of $3,715,901. A copy of the agreement amendment is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 19'" day of December , 2000. APPROVE By: Fred Hanna, Mayor ATTEST: By: Bather Woodruff, City Ierk AMENDMENT NO.6 TO THE AGREEMENT FOR OPERATIONS, AA MAINTENANCE, AND MANAGEMENT SERVICES ` I'V� FOR THE CITY OF FAYETTEVILLE, ARKANSAS • WASTEWATER TREATMENT PLANT F THIS AMENDMENT, entered into this if day of = t>++ , 2000, 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. 6 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 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 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 2001 shall be Three Million Seven Hundred Fifteen Thousand, Nine Hundred and One Dollars ($3,715,901) annually. Details of said cost are shown in Appendix J. The base fee shall be negotiated each year in September, beginning in 2001 for calendar year 2002. 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. 3. Appendix J is hereby deleted in its entirety and replaced with the attached Appendix J. 4. Appendix K is hereby deleted in its entirety and replaced with the attached Appendix K. 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: mR Bernaiie- A. Title: Chief Operating Officer OPERATIONS MANAGEMENT INTERNATIONAL, INC. Authorized Signature: Fred Hanna, Jr. Title: Mayor Date: Date: CITY OF FAYETTEVILLE Appendix I COST DETAIL The proposed annual estimated costs for 2001 were calculated as follows: Projected Budgeted Proposed 2000 2000 2001 Direct labor and benefits $1,385,000 $1,381,183 $1,434,176 Labor overhead @ 35% $ 484,750 $ 483,414 $ 501,962 Electricity $ 670,000 $ 715,000 $ 700,000 Electric overhead @ 5% $ 33,500 $ 37,750 $ 35,000 All other direct costs $ 775,000 $ 737,909 $ 766,941 Other direct costs overhead 10% $ 77.500 $ 73.791 S 76.694 Sub -Total $3,425,750 $3,427,047 $3,514,773 Fixed Fee $ 88.854 $ 88,854 $ 91,128 Total Operating Budget $3,514,604 $3,515,901 $3,605,901 SCADA Upgrade - Phase 1 $ 156,546 (Phase Il)$ 200,000 (Phase III) $ 110,000 Total 2000 Budget $3,671,150 $3,715,901 53,715,901 The following are some of the major reasons for cost circumstances: 1. Projected decrease in electrical usage and demand due to the expectation that part-time utilization of the second aeration basin will be limited. 2. Continued increase in the cost of providing skilled professional labor in Northwest Arkansas' highly competitive job market. 3. Expense associated with maintenance of UV disinfection system after warranty period expires. J • • Appendix K SCADA UPGRADE - PHASE 3- SCOPE OF WORK The following SCADA upgrade tasks will be performed by OMI during the calendar year 2001. 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 OMI-developed SCADA system. 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. 2. Upgrade of all original (1991 model) Motorola radios at previously existing SCADA installations, to radios completely compatible with new system. (Parts are no longer available for the old Motorola units) 3. Purchase and installation of a second repeater, antenna, and transmission line at the Mt. Robinson tower site, to enable true redundancy for the repeater system at this location. (This step will be taken with the assumption that the City will continue to maintain the Mt. Robinson tower site as the repeater location for the entire SCADA _..installation, even after any general radio system upgrades that may occur) L� • AGENDA REQUEST FORM Council Meeting of December 19, 2000 FROM Don Bunn Public Works Admin Name Division Public Works Department ACTION REQUIRED Approval of Amendment No.6 to the OMI Contract for operation and management services, Fayetteville Wastewater Treatment Plant at a total cost of $3,715,901.00, inclusive of a management fee of $91,128 and the Phase III of the SCADA upgrade cost of $110,000.00. COST TO CITY 110,000.00 150,000.00 water/Sewer Imp'ts $ 3,605,601.00 S 3,605,901.00 Wastewater Treatment Cost of this Request Category/Project Budget Category/Project Name 5400 5100 5328 00 (OPERATIONS) 5400 5700 5315 00 (SCADA) -0- Account Number Funds Used to Date 99031-1 (SCADA) Project Number BUDGET/CONTRACT REVIEW Gudget Coordinator ' Jc / 7r,Lv" Accou in N,- ger City gAtto ey Purchasing Officer 150, 000.00 $ 3,605,901.00 Funds Remaining XX Budgeted Item Date //;,,q t20 Date Date 1-.,2-oo Program Name Water and Sewer Fund Category Budget Adj. Attached Admin Services Director Date ADA Coordinator Date I nterna Auditor Date STAFF RECOMMENDATION It is the recommendation of the Staff that :he Council approve Amendment No. 6 to the OMI Contract for operation of the Wastewater Treatment Plant for 2001, at a cost of $3,715,901.00, inclusive of a mana2tGbnt fee of $91,128.00 and the SCADA upgrade cost of $110,000.00. /[I d As to Public W rks Director Cross Reference Dep nt Ictor Da& New Item: Yes No L ?/p 64 Prev Ord/Res # 94-9= dmi ices Dir for at Orig. Contract # Mayor Date Orig. Contract Date 8-16-94 Project: Engineer/Contractor: Notes to Reviewers: COMMENT SHEET Amendment No. 6, OMI Operations and Management Agreement Operations Management International (OMI) None CITY of FAYETTEVILLE DEPARTMENTAL CORRESPONDENCE DATE: November 27, 2000 To: Fayetteville City Council COP l From: Don Bunn, Asst Public Works Director i��� — Thru: Charles Venable, Public Works Director Fred Hanna, Mayor Subject Amendment No. 6, OMI Contract Wastewater Treatment Plant Services Attached for your review and approval is a proposed Amendment No. 6 to the existing OM contract for operations and management services at the Noland Wastewater Treatment Plant. The amendment covers the estimated cost of providing operation and management of the wastewater treatment plant (including sewage pump stations and SCADA maintenance) anc Phase III of the upgrade to our SCADA system. Attached is a copy of the proposed Amendment No. 6. The purpose of the amendment is to set the estimated cost of services and the fixed fee for 2000. The cost for this year breaks down as follows: Item Budgeted Amount Requested Amount Operations/Management Estimated Cost $ 3,514,773.00 Fixed Fee 91,128.00 Total, Operations and Management $ 3.605.901.00 3.605.901.00 SCADA Upgrade TOTALS 150,000.00 110,000.00 $ 3,755,901.00 $ 3,715,901.00 The increase in the operations and management estimated cost from 2000 to 2001 is 2.56 percent. Some of the factors involved in the cost of operations for 2001 are: 1. Projected demand in power costs is due to the expectation that part time use of the second aeration basin will be limited in 2001. 2. Increased maintenance on the UV Disinfection system as the warranty period expires. 3. Competition for skilled professional labor in the Northwest Arkansas area. 4. Continued replacement and upgrade of our SCADA System. The SCADA upgrade is a continuation of the program started in 199T The $110,000.00 given in the Amendment for that purpose will come from the capital portion of the 2001 Water and Sewer Budget. It is the recommendation of the Staff that the Council approve the proposed Amendment No. 6. • Y`` `TALE ' TN' CITY OF FAYETTEVIIII. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Don Bunn, Assistant Public Works Director From: Heather Woodruff, City Clerk Date: January 3, 2001 • RECEIVED JAN 04 2001 ACCTG. DEPT Attached is a copy of the resolution approving Amendment No. 6. To the OMI Contract for operation and management services for the wastewater treatment plant. I am also returning two originals for you to distribute. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit • City of FayettevW Arkansas • Budget Adjustment Form E/41.. OZ Budget Yearr t: Public WorksDate Requested Adjusvnent # 2002 WWTP 01/25/2002 Project or Item Requested: Additional funding is requested to continue the SCADA System Upgrade and enhancement of odor control efforts for the existing sewer collection and treatmem system. Justification of this Increase: The additional funding is needed to continue the upgrade of the City's existing SCADA System in an effort to better monitor and control flows within the system. The finding for odor control will provide the opportunity to f niher rnhiimlze odor issues until all of the WSIP improvements are full implemented. _— Account Name Direct Purchases Contract Services Project or Item Deleted: None. Use of Fund Balance is proposed for this adjustment Ji XITICBnen of this Decrease: Sufficient cash & investments exist to fund this request. Increase Expense (Decrease Revenue) Amount — ------Account Number _ _— prof Numbs 69,850 _ 5400 5100 5328 01 44,000 5400 5700 5315 00 _ 99031 1 Decrease Expense (Increase Revenue) Account Name Amount -_ Account Number _ Use of Fund Balance — 113,850 5400 0940 4999 99 Approval Signatures tequ ed By .. —.. Date ��,� r-1Y.o7r 1u g —gager Date 'ep t Director -- bate Directtoorr — Tpi ayor -jr/e (� Blue Copy: Budge erearch / Yellow Copy: Requester Budget Office Use Only Type: A B Date of Approval __ Posted to General Ledger Posted to Project Accounting Project Number C E Entered in Category Log H:IBUDGE7IPROJEC7SBUD_ALUIBA_20021OMJ 02BA. WK 1B1 B ni- nPPn icrrcioi in An n ... ...... ... .. ..- . • STAFF REVIEW FORM • X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of February 5, 2002 FROM: Greg Boettcher Public Works Public Works Name Division Department ACTION REQUIRED: Approval of Amendment No.7 to OMI's contract for operation and maintenance of the Wastewater Treatment Facilities, the annual contract amount for 2002 being $3,845,957.00, including a fixed fee of $91,128.00, non -overwrite costs for odor control of $196,080 and Phase IV SCADA upgrade of $44,000.00. Approval of a budget adjustment is also requested. COST TO CITY: $3,845,957.00 $3,732,107.00 Cost of this Request Category/Project Budget 5400-5100-5328-00 (OPERATIONS) 5400-5700-5315-00 (SCADA) -0- Account Number Funds Used To Date 99031-1 (SCADA) 3132, to T.O0 Project Number Remaining Balance BUDGET REVIEW: X Budgeted Item CONTRACT/GRANT/LEASE REVIEW: Accounting Manager Date Cty Akorr.ey ate o�� Oar Purchasing Officer Date Water/Sewer Imp'ts Wastewater Treatment Category/Protect Name Program Name Water and Sewer Fund Category X Budget Adjustment Attached Administrative Services Director GRANTING AGENCY: ADA Coordinator Date t 5p Internal ditor Date Grant Officer Date STAFF RECOMMENDATION: It is recommended that the City Council approve OMI Contract Amendment No.7 to authorize contract operations from January 1, 2002 to December 31, 2002 for $3,845,957.00. Date O.1/a/c 2 Date Da e Cross Reference New Item: Yes No Prev Ord/Res #: 94-9 Orig Contract Date: • STAFF REVIEW FORM • Page 2 Description Comments: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor Grants Offcier Meeting Date Reference Comments: Reference Comments: Reference Comments: Reference Comments: Reference Comments: Reference Comments: Reference Comments: FAYETTEVAWLE THI CITY Of FAYETTIVILLI. AIKANSAS DEPARTMENTAL CORRESPONDENCE To: Billy Ammons, Wastewater Treatment Plant From: Heather Woodruff, City Clerk Date: February II, 2002 Attached is a copy of Amendment No. 7 to the OMI Contract. Two originals have been returned to you. Please have them signed and return one original to the City Clerk's office. "1'he original will then be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit Steve Davis, Budget and Research 010 03 City of Fayetteville Update Index Maintenance Document Ite Action Reference Date Ref. Taken Brief D RES 2052002 14-02 A14ENDME Enter Keywords........: File Reference #......: Security Class........: Expiration Date.......: Date for Cont/Referred: Name Referred to......: LA - i NO, • • • 1 •• •N• -A• A. n . 11 1 1 1 • - •_.I__• 2/15/2002 11:15:47 Retention Type: **** Active *Tfl Cmdl-Return Cmd8-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp. Res. I Oz MARSH USA INC. CATE OF I URANCE CERTIFICATE NUMBER . I SEA -000150212-06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE FRONDED IN THE 1225 17th Street POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Suite 2100 AFFORDED BY THE POUCIES DESCRIBED HEREIN. Denver, CO 80202 COMPANIES AFFORDING COVERAGE COMPANY 5114 -01234-OMI3M- OMI A ZURICH AMERICAN INSURANCE COMPANY INSURED COMPANY OPERATIONS MANAGEMENT B AMERICAN ALTERNATIVE INSURANCE CORPORATION INTERNATIONAL, INC. 6060 SOUTH WILLOW DRIVE - - COMPANY �'- GREENWOOD VILLAGE. CO 80111-5124 C • COMPANY D COVERAGES This certificate supersedes and replaces any previouslyIissued certificate for the po icyperiod noted below. 0 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN RAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTW THSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MWDDIYY) POLICY EXPIRATION DATE(MMIDWYY) UNITS GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 A X COMMERCIAL GENERAL LIABBRY GLO8378563-07 05/01/02 05/01/03 PRODUCTS-COMP/OP AGO $ 5,000.000 CLAMS MADE OCCUR I PERSONALS ADV INJURY $ 750.000 EACH OCCURRENCE $ 750,000 OWNER'S & CONTRACTORS PROT X 7 FIRE DAMAGE(AnvoM fro) $ 750.000 51000_SIR MEDEXP orD $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2.000,000 X ANY AUTO BAP8378516-07 (AOS) 05/01/02 05/01/03 BODILY INJURY (PMIMR1oo) $ ALL OWNED AUTOS SCHEDULEDAUTOS TAP8378560-07 (TX) ELAP8378561-07 (VA) 105/01/02 05/01/02 05/01/03 05/01/03 HIRED AUTOS ''L ' ' NON-0YMED AUTOS MA8378562-07 (MA) :05/01/02 05/01/03 BODILY INJURY (Pr ADOWGI) $ PROPERTY DAMAGE $ GARAGE IIABILRY AUTO ONLY . EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH AC IDENT I $ _ AGGREGATE 1 $ B EXCESS LIABILITY EACH OCCURRENCE $ 3,000.000 X UMBRELLA FORM 01 -A2 -UM -0000492.00 05/01/02 05/01/03 AGGREGATE $ 3.000.000 $ OTHER THAN UMBRELLA FORM I A WORKERS COMPENSATION MD EMPLOYERS' LIABILITY 'NC8378566-OBI 05/01/02 05/01/03 X TORY LIMITS ER EL EACH ACCIDENT 1,000.000 A THE PROPRIETOR/ I X_I INCL PARTNERSIEXECUTTVE OFFICERS AREABE I I EXCL WC8378565-07 05/01/02 05/01/03 EL DISEASE.POLICY LIMIT $ 1.000,000 is EL DISEASE.EACH EMPLOYEE $ 1.000,000 OThER DESCRIPTION OF OPERATIONSROCATIONSNEHICLES/SPECI*L ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR 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. CERTIFICATE HOLDER _--- '"` CANCELLATION - - - --" SHOIAD ANY OF THE POLICED DEDCRIBED ERON BE CANCEII!D BEFORE TIE EX ATION LATE THEREOF. TQ INDIIRER AFFOROIC COVFAAO yS t VDR TO WIL }Q DAYS WUTTEN NOTICE TO THE CITY OF FAYETTEVILLE ATTN PEGGY BATES wITPICATe HOUR P4A1 D I*RDI- BUT AL LIRE To wa SIX NOTICE Mwt nwou No 00.GATOJ oR 113 WEST MOUNTAIN STREET LIABILITY OP ANY POND DPON THE MSIIREA AFFORDNO COVERAGE. ITS AGENTS OR REPRESENTATINES FAYETTEVILLE. AK 72701 MARSH USA INC. /JE �,� BY: Dorothy A. Stevens Fd#seAd+F O ''r MM1(9199) VALID AS OF: 04/28/02