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C412/1/14?
AMENDMENT NO. 4
TO THE
AGREEMENT FOR OPERATIONS, MAINTENANCE AND
MANAGEMENT SERVICES FOR THE CITY OF CRESTVIEW, FLORIDA
This Amendment No. 4 to the Agreement for Operations, Maintenance and Management
Services, as it has subsequently been amended, for the City of Crestview, Florida dated October
22, 2014 (the "Agreement") is made effective this 1st day of October, 2018 by and between the
City of Crestview, Florida, a municipal corporation, whose address for any formal notice is 198
North Wilson Street, Crestview, Florida 32536 (hereinafter "OWNER") and Operations
Management International, Inc., whose address for any formal notice is 9191 Jamaica Street,
Englewood, CO 80112 (hereinafter "CONTRACTOR").
NOW THEREFORE, OWNER and CONTRACTOR agree as follows:
1. Appendix E, Article E.1.1 is deleted in its entirety and replaced with the following Article
E.1.1:
E.1.1 OWNER shall pay to CONTRACTOR as compensation for services performed
under this Restated Agreement a Base Fee of One Million Fourteen Thousand
Five Hundred Ninety Dollars ($1,014,590) for the period of October 1, 2018
through September 30, 2019. Subsequent years' base fees shall be determined as
hereinafter specified.
2. Appendix E, Article E.1.4 is deleted in its entirety and replaced with the following Article
E.1.4:
E.1.4 The total amount CONTRACTOR shall be required to pay for Repairs shall not
exceed the annual Repairs Limit of Twenty Thousand Dollars ($20,000) for the
period specified in Appendix E.1.1 above. CONTRACTOR shall provide
OWNER with a detailed invoice of Repairs over the annual Repairs Limit, and
OWNER shall pay CONTRACTOR for all Repairs in excess of such limit.
CONTRACTOR will rebate to OWNER the entire amount that the cost of
Repairs is less than the annual Repairs Limit.
3. Appendix E. Section E.1.6 is deleted in its entirety and replaced with the following Article
E.1.6:
E.1.6 The total amount CONTRACTOR shall be required to pay for Chemicals shall not
exceed the annual Chemicals Limit of Fifty Thousand Dollars ($50,000).
CONTRACTOR shall provide OWNER with a detailed invoice of Chemicals cost
over the annual Chemicals Limit, and OWNER shall pay CONTRACTOR for the
- 1 -
cost of Chemicals in excess of the Chemicals Limit. CONTRACTOR will rebate to
OWNER the amount that the actual cost of Chemicals is less than the annual
Chemicals Limit.
4. Appendix E, Article E.1.8 is deleted in its entirety and replaced with the following Article
E.1.8:
E.1.8 Provide for the disposal of scum, sludges, and biosolids (collectively, "Residuals)
to existing disposal sites, provided the total amount CONTRACTOR shall be
required to pay does not exceed Fifty -Five Thousand Dollars ($55,000) for the
period specified in Appendix E.1.1 above. CONTRACTOR shall provide OWNER
with a detailed invoice of Residual disposal costs over the annual Residuals Limit,
and OWNER shall pay CONTRACTOR for the cost of Residuals in excess of the
Residuals Limit. CONTRACTOR will rebate to OWNER the amount that the actual
cost of Residuals is less than the annual Residuals Limit.
5. Appendix E, Article E.1.9 is deleted in its entirety and replaced with the following Article
E.1.9:
E.1.9 Contractor and Owner shall agree on the annual fee for electrical costs of One
Hundred Ninety -Two Thousand Dollars ($ l 92,000) for the period specified in
Appendix E.1.1 above. Any electrical cost overage will be shared and equally
paid by OWNER and CONTRACTOR. Any electrical cost savings below the
estimated fee will be equally shared between the OWNER and CONTRACTOR at
the end of the contract year with other rebate line items in the Agreement.
This Amendment 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 prior Amendments
and 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 THE CITY OF CRESTVIEW,
INTERNATIONAL, INC.:
Z-,
Name: Kyle Holder
Title: Designated Manager
Date: \��\�
-2-
FLORIDA:
By:
Name: David Cadle
Title: Mayor
Date: — l 2-
C112444:
AMENDMENT NO.4
TO THE
AGREEMENT FOR OPERATIONS, MAINTENANCE AND
MANAGEMENT SERVICES FOR THE CITY OF CRESTVIEW, FLORIDA
This Amendment No. 4 to the Agreement for Operations, Maintenance and Management
Services, as it has subsequently been amended, for the City of Crestview, Florida dated October
22, 2014 (the "Agreement") is made effective this 1st day of October, 2018 by and between the
City of Crestview, Florida, a municipal corporation, whose address for any formal notice is 198
North Wilson Street, Crestview, Florida 32536 (hereinafter "OWNER") and Operations
Management International, Inc., whose address for any formal notice is 9191 Jamaica Street,
Englewood, CO 80112 (hereinafter "CONTRACTOR").
NOW THEREFORE, OWNER and CONTRACTOR agree as follows:
1. Appendix E, Article E.1.1 is deleted in its entirety and replaced with the following Article
E.1.1:
E.1.1 OWNER shall pay to CONTRACTOR as compensation for services performed
under this Restated Agreement a Base Fee of One Million Fourteen Thousand
Five Hundred Ninety Dollars ($1,014,590) for the period of October 1, 2018
through September 30, 2019. Subsequent years' base fees shall be determined as
hereinafter specified.
2. Appendix E, Article E.1.4 is deleted in its entirety and replaced with the following Article
E.1.4:
E.1.4 The total amount CONTRACTOR shall be required to pay for Repairs shall not
exceed the annual Repairs Limit of Twenty Thousand Dollars ($20,000) for the
period specified in Appendix E.1.1 above. CONTRACTOR shall provide
OWNER with a detailed invoice of Repairs over the annual Repairs Limit, and
OWNER shall pay CON TRACTOR for all Repairs in excess of such limit.
CONTRACTOR will rebate to OWNER the entire amount that the cost of
Repairs is less than the annual Repairs Limit.
3. Appendix E. Section E.1.6 is deleted in its entirety and replaced with the following Article
E.1.6:
E.1.6 The total amount CONTRACTOR shall be required to pay for Chemicals shall not
exceed the annual Chemicals Limit of Fifty Thousand Dollars ($50,000).
CONTRACTOR shall provide OWNER with a detailed invoice of Chemicals cost
over the annual Chemicals Limit, and OWNER shall pay CONTRACTOR for the
- 1 -
cost of Chemicals in excess of the Chemicals Limit. CONTRACTOR will rebate to
OWNER the amount that the actual cost of Chemicals is less than the annual
Chemicals Limit
4. Appendix E, Article E.1.8 is deleted in its entirety and replaced with the following Article
E.1.8:
E.1.8 Provide for the disposal of scum, sludges, and biosolids (collectively, "Residuals)
to existing disposal sites, provided the total amount CONTRACTOR shall be
required to pay does not exceed Fifty -Five Thousand Dollars ($55,000) for the
period specified in Appendix E.1.1 above. CONTRACTOR shall provide OWNER
with a detailed invoice of Residual disposal costs over the annual Residuals Limit,
and OWNER shall pay CONTRACTOR for the cost of Residuals in excess of the
Residuals Limit. CONTRACTOR will rebate to OWNER the amount that the actual
cost of Residuals is less than the annual Residnals Limit
5. Appendix E, Article E.1.9 is deleted in its entirety and replaced with the following Article
E.1.9:
E.1.9 Contractor and Owner shall agree on the annual fee for electrical costs of One
Hundred Ninety -Two Thousand Dollars ($192,000) for the period specified in
Appendix-E.1.1 above. Any electrical cost overage will be shared and equally
paid by OWNER and CONTRACTOR. Any electrical cost savings below the
estimated fee will be equally shared between the OWNER and CONTRACTOR at
the end of the contract year with other rebate line items in the Agreement.
This Amendment 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 prior Amendments
and 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
INTERNATIONAL, INC.:
Name: Kyle Holder
Title: Designated Manager
Date:
-2-
Jilt CITY OF CRESTWEW,
FLORIDA:
Name: David Cadle
Title: Mayor
Date: 6. / I