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Home My WebLink About250-08 RESOLUTIONRESOLUTION NO. 250-08 A RESOLUTION APPROVING AMENDMENT NUMBER 16 TO THE CONTRACT WITH OPERATIONS MANAGEMENT INTERNATIONAL (OMI) IN THE AMOUNT OF $7,762,190.00 FOR THE OPERATION, MAINTENANCE AND MANAGEMENT OF FAYETTEVILLE WASTEWATER TREATMENT FACILITIES FOR 2009. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 16 to the contract with Operations Management International (OMI) in the amount of $7,762,190.00 for the operation, maintenance and management of Fayetteville Wastewater Treatment facilities for 2009 A copy of Amendment No. 16, marked Exhibit "A" is attached hereto, and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to sign Amendment No. 16 to the contract with OMI, contingent upon final approval of the 2009 Budget. 00111KjTFR ""%, ;•` cif, am ;FAYETTEVILLE; ' • , :v�,.kANS.t• `: 'ettfi it TONCPPte`, S PASSED and APPROVED this 16th day of December, 2008. APPROVED: By DAN COODY, Mayo ATTEST: By. SONDRA E SMITH, City Clerk/Treasurer AMENDMENT NO. 16 TO AGREEMENT FOR OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES FOR THE CITY OF FAYETTEVILLE, ARKANSAS WASTEWATER TREATMENT PLANTS THIS AMENDMENT NO. 16 to the Agreement for Operations, Maintenance and Management Services for the City of Fayetteville, Arkansas Wastewater Treatment Plant dated September 1, 1994 (the "Agreement"), made effective on the 1 st day of January, 2009, by and between the City of Fayetteville, Arkansas, whose address for any formal notice is 113 W. Mountain St, Fayetteville, Arkansas 72701 (hereinafter the "City") and Operations Management International, Inc., with offices at 9193 S. Jamaica • Street, Suite 400, Englewood, Colorado 80112 (hereinafter "OMP") is made and entered into for purposes of amending certain provisions of 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. NOW THEREFORE, the City 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 calendar year 2009 the City of Fayetteville shall pay to OMI the actual cost of services performed plus an annualized management fee of One Hundred Thirty Six Thousand Three Hundred Seventy Two Dollars ($136,372). 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. Article 4.3 is hereby deleted in its entirety and replaced with the following Article 4.3: 4.3 OMI estimates the cost for services for calendar year 2009 shall be Seven Million Seven Hundred Sixty Two Thousand One Hundred Ninety Dollars ($7,762,190). Details of said cost are shown in Appendix J. The base fee shall be negotiated each year in September for the upcoming calendar year. Should the City and OMI fail to agree, the base fee will be determined by the application of the base fee adjustment formula shown in Appendix F. Upon each contract year renegotiation, OMI shall continue to invoice City of Fayetteville at the previous amount until the new contract year price is agreed upon. ,Upon written notice agreement between the parties as to the new contract year base fee, OMI shall issue an invoice retroactively adjusting the previous base fee amount. 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 City prior to OMI incurring additional costs. 3. Article 4.8 is hereby deleted in its entirety and replaced with the following Article 4.8: 4.8 OMI agrees to incur up to Thirty Eight Thousand Six Hundred Two Dollars ($38,602) 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 of Fayetteville the entire amount that actual lift station odor control expenses are less than Thirty Eight Thousand Six Hundred Two Dollars ($38,602) in any year of this Agreement. Page 1 of 11 4. Appendices B, D.2, E, H, J, K, and L are hereby deleted in their entirety and replaced with the attached Appendices B, D.2, E, 1-1 and J. This Amendment No. 16, together with the Agreement, constitutes the entire agreement between the Parties and supersedes all prior oral and written understandings with respect to the subject matter set forth herein. Unless specifically stated all other terms and conditions of the Agreement shall remain in full force and effect. Neither this Amendment nor the Agreement may be modified except in writing signed by an authorized representative of the Parties. The Parties, intending to be legally bound, indicate their approval of the Amendment by their signatures below. OPERATIONS MANAGEMENT CITY OF FAYETTEVILLE INTERNATIONAL, INC. rit.Q_fti uwt k\spLi Date: II fl -/o2 - Dan oody Mayor Date: ATTEST: Sondra Smith Day Clerk i9R" Date: /4/f Page 2 of 11 Appendix B LOCATION OF PROJECT B.1 OMI agrees to provide the services necessary for the management, operation and maintenance of the following: a) All equipment, vehicles, grounds and facilities now existing within the present property boundaries of or being used to operate the City of Fayetteville's Noland Wastewater Treatment Plant located at: 1400 North Fox Hunter Road Fayetteville, Arkansas 72701 b) Upon the beginning of operations, all equipment, vehicles, grounds and facilities now existing within the present property boundaries of or being used to operate the City of Fayetteville's West Side Wastewater Treatment Plant located at: c) 15 South Broyles Avenue Fayetteville, Arkansas 72704 All equipment, grounds, and facilities now existing within the present property boundaries of pump stations described as follows: WW1 WW2 WW3 WW4 WW5 WW6 WW7 (old) WW7 WW8 WW9 WWIO WW1 WW12 (old) WW12 WW13 WW14 WWI5 WWI6 WW18 W W 19 (old) WW19 WW20 W W 22 WW23 W W 24 WW25 W W 26 WW27 W W28 978 E. Zion Rd (Lowe's — Zion PS) 3500 E. Mission Blvd (Timbercrest PS) 2805 N. Salem Rd (Crystal Springs) 691 W. Poplar St (Poplar PS) 3896 N. Gregg Ave (Gregg Ave PS) 3021 N. Old Wire Rd (Old Wire PS) 2034 N Sunshine Rd 2065 N. Sunshine Rd (Hamestring PS) 729 W. North St (North St PS) 1336 N. Porter Rd (Porter Rd PS) 716 N. Futrall Dr (Futrall Dr PS) 4412 W. 6th St (Farmington East PS) 398 N. Double Springs Rd (Farmington) 571 N Double Springs Road (Farmington West) 878 S. Dead Horse Mountain Rd (Stonebridge PS) 1820 S. Armstrong Ave (Industrial Park PS) 203 E. 29'" Circle (Country Club PS) 516 W. Ernest Lancaster Dr (Airport North PS) 202 N. Sandy (Greenland PS) 988 S. Mally Wagnon Rd 5716 E. Norman Murphy Rd (Malty Wagnon PS) 3212 N Highway 112 (Truckers Dr PS) 630 N. Double Springs Rd (Owl Creek PS) 440 E. Fainvay Ln (Masters PS) 265 W. Ernest Lancaster Dr (Airport East PS) 551 W. Aster Ave (Willow West PS - Farmington) 74 S. Kestrel (Sequoyah Preserve PS) 1031 River Meadows Dr (Stonebridge Meadow Phase 1 PS) 1603 Plantation Ave (Heritage Village PS) Page 3 of 11 WW29 390 N. Cato Springs Rd (Bohannon PS - Greenland) WW30 2324 N. Rupple Rd (Holt Middle School PS) WW32 478 N. Durango Place (Silverthorne PS) WW33 4644 N. Crossover Rd (Stonewood PS - Copper Creek) WW34 4572 S School Ave (Airport South) WW35 3083 W. 6th St (Lowe's — 6'" St PS) WW36 1642 N. Willowbrook Dr (Skyler Place PS) WW37 3848 W. Edgewater Dr (Clabber Creek) WW38 3710 E. Zion Rd (Copper Creek Phase R PS) WW39 2392 N. Kenswick Ave (Crofton Manner PS) W W40 1811 S. Cherry Hills Dr (Stone Bridge Meadow Phase II PS) W W41 1608 S. Springlake Dr (Crescent Lake PS) WW42 2588 N Firefly Catch Dr (Clabber Creek III) WW43 196 S. Woodsprings (Timber Trails PS) WW44 10 Dot Tipton Rd (Legacy Pointe Phase 4 PS) W W45 (Timberlake Office Park PS) WW46 3788 E. Spyglass Hill Dr, (Stonebridge Meadows Phase V PS) WW47 3601 E. Albright Rd (Embry Acres PS) WW48 2435 S Dead Horse Mountain Rd (McDonald PS) WW49 3393 E Goff Farm Road (Meadows PS) d) All equipment, grounds, and facilities now existing within the present property boundaries of or being used to operate the City of Fayetteville's Land Application Site located east of the Noland wastewater treatment facility across the White River. e) All equipment, grounds, and facilities associated with or being used to complete routine O&M activities for the City of Fayetteville's Mitigated Wetlands Site now existing within the present property boundaries located north of the West Side Wastewater Treatment Plant. The service includes limited herbicide application and site monitoring but excludes burning. f) The potable water SCADA system at the following locations: WI 215 W. 24ih St (South Mountain) W2 844 N. Crossover Rd (Hyland Park) W4 1016 E. Ash St W5 707 E. Rogers Dr W6 456 E. Baxter Ln W7 707 E. Rogers Dr W8 133 N. Sang Ave W9 1170 E. South Skyline Dr (Mt. Sequoyah) W 10 1044 E. Township Rd W 1 1 3280 W. Judge Cummins Rd (Kessler Mountain) W12 7001 E. Mission (Highway 45 Valve Station) W13 1589 Fire Tower Road (Goshen) W14 17301 Lake Sequoyah Rd (Round Mtn) W15 14360 Round Mt Comm Church Rd County Rd #55 (Round Mountain) W16 22032 Fire Tower Rd County Rd 4343 Page 4 of 11 Pump Station Pump Station Pump Station Pump Station Ground Storage Tank (2 each) Ground Storage Tank (2 each) Elevated Storage Tank Elevated Storage Tank Elevated Storage Tank Ground Storage Tank (2 each) Pressure -Reducing Valve Pump Station and Ground Storage Tank Pump Station Stand Pipe Stand Pipe • g) W17 W18 W19 W20 W21 W22 W23 W24 W25 W26 W27 W28 W29 WSOPC MTROB (Benson Mountain) 3265 N Gulley Rd 3788 N Gulley Rd 3370 S Coach Rd 2098 Woodcliff Rd (Springdale) 2210 N. Old Wire Rd 2800 N. Old Missouri Rd 3385 N. Par Ct 3023 E. Joyce Blvd 2567 E. Robinson (Springdale) Township Tank Weather Station 17385 Blue Springs Rd (Goshen) 17970 Lake Sequoyah Rd Beaver Water District 2435 S. Industrial Dr 12141 Ed Edwards Rd Elevated Storage Tank Pump Station Pump Station Surge Tank Valve Flow Meter Valve Valve Valve Weather Station Pump Station Pump Station SCADA Interface Water & Sewer Ops Center Mt. Robinson Tower Site Installation of the necessary Remote Terminal Units (RTUs) and equipment to acquire flow information from the collection system via SCADA. Flow monitoring devices (up to 17 remote locations) are scheduled to be installed by the City's Water and Sewer Division in 2009. OMI will also provide maintenance of these flow monitoring devices and the related SCADA equipment. Page 5 of 11 D.2 Industrial Waste Dischargers and Monitoring Program Industry Parameters Analyzed Ayrshire Electronics, LLC 1101 S. Beechwood Fayetteville, AR 72701 Copper, lead, zinc Custom Powder Coating Services, Inc. 1629 W. Farmington St. Fayetteville, AR 72701 Cadmium, chromium, copper, lead, nickel, silver, zinc, cyanide Danaher Tool Group/K-D Tools 2900 City Lake Road Fayetteville, AR 72701 Cadmium, chromium, copper, lead, nickel, silver, zinc, cyanide Elkhart Products Corporation PO Box 1129 Fayetteville, AR 72702 Chromium, copper, lead, nickel, zinc, oil & grease Hiland Dairy Company PO Box 3478 Fayetteville, AR 72702 Biochemical oxygen demand, total suspended solids, phosphorus, pH, oil & grease Marshalltown Tools 2200 Industrial Drive Fayetteville, AR 72701 Cadmium, chromium, copper, lead, nickel, silver, zinc, cyanide Pinnacle Foods Corporation PO Box G Fayetteville, AR 72702 Biochemical oxygen demand, total suspended solids, phosphorus, pH, oil & grease Superior Industries International, Inc. 1901 Borick Drive Fayetteville, AR 72701 Cadmium, chromium, copper, lead, nickel, silver, zinc, cyanide Tyson Foods, Inc. 2615 S. School Fayetteville, AR 72701 Biochemical oxygen demand, total suspended solids, phosphorus, pH, oil & grease Page 6 of 11 Appendix E VEHICLE AND MOBILE EQUIPMENT DESCRIPTION Unit # Unit Description Year 82 Sykes 6" Pump/Trailer 320 Ford F-350 SD 4X4 Utility, Crew Cab W/Crane 1999 324 Ford F-350 SD 4X4 Utility, Reg. cab W/Crane • 1999 325 Ford F-350 4 X 4, Req. Cab 2000 339 Ford F-350 4 X 4, Flatbed 2002 340 Ford F-350 2002 551 Ford 3930 Gen Purpose Tractor, 2X4 1995 556 Ford/New Holland 8160 Tractor w/Loader 1997 564 Ford/New Holland 8160 Tractor w/Loader 1999 570 New Holland 8670 Tractor, 145 hp, 4X4 2000 581 Ford/New Holland TS100A Tractor w/NH 52# Front End Loader 2004 582 New Holland 1412 Discbine Mower Conditioner 2004 583 New Holland 740 Round Baler 2004 588 New Holland B940A Large Square Baler 2005 589 New Holland 1412 Discbine Mower Conditioner 2005 644 New Holland 575E Backhoe/Loader 2000 706 IHC S-1900 T/A Dump 1985 741 Mack Tractor 1996 751 Sterling LT9500 Truck 2006 753 Kenworth Semi Tractor 1999 754 Kenworth Semi Tractor 1999 755 Kenworth Semi Tractor 2000 806 Case 1150G Bulldozer, 119 hp 1995 818 Caterpillar P5000LP Forklift 2008 927 Parker, 24' Gooseneck Trailer 1991 959 Bush Hog 2620 Rot. Cutter 1995 966 P.J. Trailer, 18 Ft. 1996 969 LO -Boy, 25T-36FT Trailer 1996 988 Hesston 3982 Wheel Rake 1998 989 M & W DF -12 Wheel Rake 1998 1052 Ford Explorer 1999 1092 Ford Explorer 2002 Page 7 of 11 Appendix E VEHICLE AND MOBILE EQUIPMENT DESCRIPTION (CONTINUED) Unit # Unit Description Year 2004 Ford Ranger, 4X4 1997 2007 Ford Ranger, 4X4 1997 2103 Ford 150, 1/2 Ton, 4WD, Ext. Cab 2006 5000 New Holland 1412 Discbine 2006 5001 John Deere 6615 Tractor 2007 5002 John Deere 6615 Tractor 2007 5003 New Holland 740 Round Baler 2007 9021 Volvo Penta 400 KW - Trailer Mounted Diesel Generator @ North St PS (LS#8) 2001 9024 Hesston GEHL WR -522 Wheel Rake 2001 9025 Volvo Penta 400 KW - Trailer Mounted Diesel Generator @ Porter Rd PS (LS#9) 2001 9034 Yale 5000# Fork Lift, Solid Tires 2002 9083 Lufkin ULD -38 Trailer 1999 9088 Lufkin ULD -38 Trailer 2006 Portable Generator for LS 2005 9104 Lufkin ULD -38 Trailer 2004 9105 Lufkin ULD -38 Trailer 2004 9106 Lufkin ULD -38 Trailer 2004 9111 Clement Star -lite Trailer 2009 9124 Thompson 6" Diesel Power Pump/Trailer 2009 Page 8 of 11 Appendix H THIRTY -DAY CHEMICAL INVENTORY Chemical Purpose 30 -Day Supply Liquid Alum Phosphorus Removal 2,200 Gallons Liquid Oxygen Effluent Dissolved Oxygen 15,000 Cubic Ft Polymer Belt Filter Press 5,000 Pounds Sodium Hypochlorite Odor Control 1500 gallons Sodium Hydroxide Odor Control 1500 gallons Page 9 of 11 • • Appendix J COST DETAIL The annualized estimated costs for calendar year 2009 are as follows: Following are some of the major reasons for cost changes: Improvement in plant operations efficiency has allowed a reduction in operating hours at the Noland WWTP. This reduces the overall labor cost by 12.4%. The $391,583 increase in electricity includes: $373,967 additional electrical cost for lift stations (OM1 was asked to monitor and pay for electricity from lift stations starting in 2009), an estimated 8% cost increase in electricity, and a full twelve months of electrical expenses from the West Side WWTP. Significant progress on the Wastewater System Improvement Project resulted in a reduction in lift station odor control costs. The declining costs are due largely to net decrease in overall force main detention time related to the shorter pumping distances to the new West Side WWTP 4. The cost of natural gas is expected to increase by about 10% in 2009. The projected $84,155 increase also includes a full twelve months of natural gas expenses from the West Side WWTP. 5. Landfill tipping fee increases of almost 300% to a total estimated cost of $765,544 are expected in 2009. The escalation in tipping fee is driven by increase in fuel cost and lack of landfill space Page 10 of 11 Current 2008 Proposed 2009 Direct Labor & Benefits $ 2,556,326 $ 2,273,628 Labor Markup @ 15% $ 383,449 $ 341,044 Other Direct Costs $ 2,461,348 $ 3,377,588 Other Direct Costs Markup @ 10% $ 246,135 $ 337,759 Subtotal $ 5,647,258 $ 6,330,019 Fixed Fee $ 118,751 $ 136,372 Electricity $ 865,615 $ 1,257,197 Lift Station Odor Control $ 109,543 $ 38,602 Capital Item Amortization $ 56,520 - Total Estimated Annualized Budget $ 6,797,685 $ 7,762,190 Net Increase from 2008 to 2009 $ 964,505 Following are some of the major reasons for cost changes: Improvement in plant operations efficiency has allowed a reduction in operating hours at the Noland WWTP. This reduces the overall labor cost by 12.4%. The $391,583 increase in electricity includes: $373,967 additional electrical cost for lift stations (OM1 was asked to monitor and pay for electricity from lift stations starting in 2009), an estimated 8% cost increase in electricity, and a full twelve months of electrical expenses from the West Side WWTP. Significant progress on the Wastewater System Improvement Project resulted in a reduction in lift station odor control costs. The declining costs are due largely to net decrease in overall force main detention time related to the shorter pumping distances to the new West Side WWTP 4. The cost of natural gas is expected to increase by about 10% in 2009. The projected $84,155 increase also includes a full twelve months of natural gas expenses from the West Side WWTP. 5. Landfill tipping fee increases of almost 300% to a total estimated cost of $765,544 are expected in 2009. The escalation in tipping fee is driven by increase in fuel cost and lack of landfill space Page 10 of 11 competition. The following table delineates the cost centers contained in the above -annualized estimated costs: Category Description Wastewater Division Administration & SCADA Noland WWTP O&M (incl. land application site) West Side WWTP O&M (incl. wetlands mitigation site) Lab & Industrial Pretreatment Program Lift Station Maintenance Direct Labor 380,443 581,460 238,654 193,223 879,847 Labor Markup, 15% 57,066 131,977 87,219 35,798 28,983 Direct Expense 368,151 1,682,173 1,054,688 136,063 136,514 Expense Markup, 10% 37,060 168,217 105,469 13,606 13,651 Electricity 441,615 441,615 373,967 Lift Station Odor Control 38,602 Fixed Fee 136,372 Totals 978,847 3,303,830 2,270,451 424,122 784,940 Grand Total 7,762,190 Page 11 of 11 David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 2 -Dec -08 City Council Meeting Date Water/Wastewater Division Action Required: Water/Wastewater Department Resolution approving Amendment Number 16 with Operations Management International, Inc. (OMI) for operation, maintenance and management of wastewater treatment facilities for 2009, in the amount of $7,762,190. 7, 762,1901 Cost of this request 5400.5100.5328.00 Account Number Project Number Budgeted Item XX 7,862,190.00 Category/Project Budget Funds Used to Date 7,862,190.00 Remaining Balance Budget Adjustment Attached Water/Wastewater Program Category / Project Name Wastewater Treatment Program / Project Category Name Water and Sewer Fund Name Depaj�jjj • nt D(fector /,✓L_ City Attorney Finance and Internal Service Director Mayor Iq-tiavo% Date HAI (er l Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: 94-94 1 -Aug -94 412 Comments: r CITY COUNCIL AGENDA MEMO To: Mayor and City Council From: David Jurgens, Water/Wastewater Director Date: November 14, 2008 City Council Meeting of December 2, 2008 Subject: Approval of Amendment Number 16 with Operations Management International, Inc. for operation, maintenance and management of wastewater treatment facilities for 2009 RECOMMENDATION Fayetteville City Administration recommends approval of Amendment Number 16 with Operations Management International, Inc (OMI) for operation, maintenance and management of wastewater treatment facilities for 2009, in the amount of $7,762,190. BACKGROUND The City of Fayetteville's first private operating contract commenced in 1987 with this year marking 21 years of services from OMI. In May 2003, Fayetteville City Council approved Amendment No. 9 extending this agreement through December 31, 2008, and last year, the Council approved an extension through 2009. The scope of services provided by OMI include: (1) operate and maintain the Noland Wastewater Treatment Plant (WWTP); (2) operate and maintain the West Side WWTP; (3) operate and maintain 45 wastewater pump stations; (4) administer the City's NPDES discharge permits; (5) manage the City's sludge disposal program; (6) manage the City's industrial pretreatment program; (7) support the SCADA (supervisory control and data acquisition system) network that monitors water and wastewater facilities; (8) pursue operation economies, efficiencies, and permit compliance; and (8) participate in the construction of the Wastewater System Improvement Project (WSIP). To encourage cost saving operations, the contract contains an incentive provision whereby budget underruns are distributed 87.5% to the City and 12.5% to OMI. DISCUSSION Operating expenses for 2009 increased $964,505 from 2008 due to the full annual operation of the West Side WWTP, biosolids landfill tipping fees, anticipated natural gas increases, and a redistribution of sewer lift station electrical costs from Water/Sewer Operations budget to the Sewer Lift Stations budget. Details are shown below. In 2009 the City must either decide to operate the wastewater treatment system in house or solicit proposals for all operations beginning in 2010. BUDGET IMPACT The 2009 cost of $7,762,190 is included in the proposed 2009 Budget; authorization of Amendment No. 16 will be contingent upon the budget approval. OMI Amendment No 16-2009 CC Memo Oct08.doc Current 2008 Proposed 2009 Direct Labor & Benefits $ 2,556,326 $ 2,273,628 Labor Markup @ 15% $ 383,449 $ 341,044 Other Direct Costs $ 2,461,348 $ 3,377,588 Other Direct Costs Markup @ 10% $ 246,135 $ 337,759 Subtotal $ 5,647,258 $ 6,330,019 Fixed Fee $ 118,751 $ 136,372 Electricity $ 865,615 $ 1,257,197 Lift Station Odor Control $ 109,543 $ 38,602 Capital Item Amortization $ 56,520 - Total Estimated Annualized Budget $ 6,797,685 $ 7,762,190 Net Increase from 2008 to 2009 $ 964,505 In 2009 the City must either decide to operate the wastewater treatment system in house or solicit proposals for all operations beginning in 2010. BUDGET IMPACT The 2009 cost of $7,762,190 is included in the proposed 2009 Budget; authorization of Amendment No. 16 will be contingent upon the budget approval. OMI Amendment No 16-2009 CC Memo Oct08.doc RESOLUTION NO. 1 A RESOLUTION APPROVING AMENDMENT NUMBER 16 TO THE CONTRACT WITH OPERATIONS MANAGEMENT INTERNATIONAL (OMI) IN THE AMOUNT OF $7,762,190.00 FOR THE OPERATION, MAINTENANCE AND MANAGEMENT OF FAYE11'EVILLE WASTEWATER TREATMENT FACILITIES FOR 2009. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves Amendment No. 16 to the contract with Operations Management International (OMI) in the amount of $7,762,190.00 for the operation, maintenance and management of Fayetteville Wastewater Treatment facilities for 2009. A copy of Amendment No. 16, marked Exhibit "A" is attached hereto, and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to sign Amendment No. 16 to the contract with OMI, contingent upon final approval of the 2009 Budget. PASSED and APPROVED this 2nd day of December, 2008. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer Finance & Internal Services Director: Budget Manager: IT Manager: Dispatch Manager: Utilities Manager: Other: Omnana a1471114 Special Instructions: n 11. 0 CO V Q) (n A W N + d 3 Requester: Chery Partain � =- CD CI- et (Address: Department 1267 Vendor #: 61490 City Of Fayetteville (Not a Purchase Order) - - Shipping/Handling T 0 0 o. T to N Lift Station Odor Control Lift Station Utility and Maintenance Lab & Industrial Pretreatmen West Side WWTP 0 & M Noland WWTP 0 & M 2008 Contract with Operations Management International (OMI) for Management of the City's Wastewater Treatment Facilities. -Adminstration and SCADA o d 0 0 12 N N N 12 12 N 'Vendor Name: Operations Management International (OMI) Lot Job Job Job 0 o c o o- qor 0 0 c Unit of Issue 0 cn 0Er0 pW A A W N W m A 62,194.84 W123 A W a 03 0 a IJ N IV V N + €0 + V 70,206.25 c d f. N O O $0.00 M O O M 0 O 5136,372.08 VI W co A No O+ m --4 A W W (O m $424,122.00 M N N 0 A N O 40'0£8'£0£'£5 $842,475.00 Extended Cost 5400.5110.5328.00 5400.5140.5328.00 5400.5140.5328.00 5400.5130.5328.00 5400.5120.5328.00 5400.5110.5328.00 5400.5100.5328.00 Account Numbers Requester's Employee #: 2548 Zip Code: 80291-1267 Fob Point: Subtotal: $7,762,190.28 Tax: Total: $7,762,190.28 08048-0511 08048-0514 2CO O N A 08048-0513 08048-0512 08048-0511 0 O a O O N 0 -1:3O ID K 0 d d N :. 0 Requisition No.: O C '►w -*Id Approval: O N `Inventory # 'Quotes Attached Yes: No: [Expected Uelivery Date: - - d 1.73 M O O (Fixed Asset # Clarice Pearman - Res. 250-08 From: To: Date: Subject: CC: Attachments: Clarice Pearman Jurgens, David 12.22.08 12:08 PM Res. 250-08 Audit; Vice, Peggy Audit; Vice, Peggy Page 1of1 David: Attached is a copy of the above resolution passed by City Council regarding the OMI Amendment 16. I am forwarding to you one of two signed agreements and will forward to Purchasing your purchase requisition. Please let me know if there anything else needed for this item. Clarice file://C:\Documents%20and%20Settings\spearman.000\Local%20Settings\Temp\XPgrpwise\494F8320F... 12.22.08 Fitt L13445o -08 ' Rd CERTIFICATE OF LIABILITYINSURANCE DATE{LIN L!. .. 05!01/2009 Lail PRODUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ) MARSH USA INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1225 17TH STREET. SUITE 2100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR DENVER, CO 80202-5534 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 511 let 15114 -01234-EX3MM-09/10 OMI INSURED OPERATIONS MANAGEMENT INTERNATIONAL. INC. (OMI) 9193 SOUTH JAMAICA STREET, SUITE 400 ENGLEWOOD, CO 80112-5946 L COVERAGES INSURERS AFFORDING COVERAGE I.VuI tKA: Zurich American Insurance Company L'.SURFR R' N/A : I'SURER 0 -American Zurich Insurance Co. NAIC # 16535 N/A I: 40142 INSURER D: INSURER E: 7 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD iNDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR PRAY PERTAIN. THE INSURANCE AFFCRDEO BY THE PCLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND COND!TIONSCF SUCH POLICIES. AGGRF.GATF. LIMITS SHOWNIAAY HAVE BEEN REDUCED BY PAID CLAIMS. NS LTR ADD'O TYPE OF INSURANCE POLICY NUMBERrNttCrfFFECT1VF INSRdDATE U.rur.(1NYWI POLICYFYARATION (MTF LMu9ANNN) lIIARS A . x GENERAL LIABILITY x ' COMMERCIAL GENtRL Lt4SILIIY CI AIMS MME X OCCURS L$500,.000 SIR GL03784726-05 05/01/2009 05/01/2010 EACH OCCURRENCE U.A.YAGE TO RENTED PR_M1ISESIpn=cu.r:oncel ME � FXP(Any Ego PBnan] PERSONAL S AMIMAM $ 1,,500 000 $ 1,500,000 8 1,500,000 GENtHAL AGGREGATE PROD'✓TS- OCMPICP A Or_^A $ .400,000 5.0 00.000 GENERA- AGGREGATE KIMIT A2Pi.IF^?FR f PCI -ICY n lig; f LOC A X AUTOMOBILE x _ — --- LIABILITY MO'AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NONOWNED AUTOS BAP8378516-14 05!01/2009 05(01/2010 Cgh1BMEDSINOUE LIINI (Ea;, c onli $ 2,000,000 $ BODILY INJURY IPe'Felsav BODILY INJURY (Per Aruder l) $ ! PN01'tKl Y DAMAGE Were I%mJ $ !GARAGE LIABILITY —1 ANY AUTO I AU TC ONLY -EA A DENT OTHERTHAN EA ACC $ $ $ AMC ONLY: AC EXCESS /UMBRELLA UABILIIY OCCURL: CLAIMS MADE r DEDUCTIOLE HEIEN'11ON $ EACH OCCURRENCE $ AGGAEGAYL $ $ $ $ ---"'- ' WORKERS : EMPLOYERS' C . ANYPRO?W'TOR,'PARTNEWtXLCJTIV OFFICF.RRAEMSER C A reranIryUVW COMPENSATION AND LIABILITY 11N WC8378566-15(AOS) 05/01/2009 WC8 378565.14 (WI & MA) 05/01/2009 WC378476fA4(ID) 05/01/2009 0510112010 05/0112010 05/0112010 X IWUAW10TH- 'Ng wars ER E.L EACH ACCIDENT $ 1,000,000 EXCLUDGD7 E.L DISEASE -EAEMPLOYEE $ 1,000,000 INQyS,b&e miler F I DISEASE - POLICY W $ 1,000,000 OTHER DESCRIPTION OF OPERATION54OCATIONSNEHICLE5(EXCLUSIONS ADDED BY ENDDRSEMENDSPECLAL PROVISIONS RE: OPERATION, MAINTENANCE AND MANAGEMENT SERVICES FOR THE CITY OF FAYETTEVILLE.', CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO AUTOMOBILE LIABILITY AND AS PER THE GENERAL LIABILITY BROAD FORM ENDORSEMENT. CERTIFICATE HOLDER SEA -001377566-23 CITY OF FAYETTEVILLE (AR) ATTN: PEGGY BATES 113 WEST MOUNTAIN STREET FAYETTEVILLE, AR 72701-6083 CANCELLATION SHOULD MW OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE *SUING INSURER WALL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL •1POSE NO OBLIGATION OR LIABILITY OF ANY MND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AOTNe 5.0a SDIrATNE efea.,Gr,- a-rj,l0F2? Slhaan.1�roA..5HAa�mmer ACORD 25(2009/01) 01998.2009 ACORD CORPORATION. All Rights Rosary The ACORD name and Ingo are registered marks of ACORD tit/PORTANT If the cedifrcate holder is an ADDITIONAL INSURED; the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Acord 25 (2009!01)