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HomeMy Public PortalAboutCH2M Hill Amendt 3 Ops Maint & Mang ServicesAMENDMENT NO. 3 TO THE AGREEMENT FOR OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES FOR THE CITY OF CRESTVIEW, FLORIDA This Amendment No. 3 to the Agreement for Operations, Maintenance and Management Services, as it has subsequently been amended, for the City of Crestview, Florida dated ga of 2017 (the "Agreement") is made effective this 1' day of October, 2017 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 Nine Hundred Seventy -One Thousand Two Hundred Seventy -Nine Dollars ($971,279) for the period of October 1, 2017 through September 30, 2018. 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 Thirty -Five Thousand Dollars ($35,000) for the period specified in Appendix E.1.1 above. OWNER shall pay for all Residual disposal costs in excess of such amount. OWNER and CONTRACTOR agree that OWNER is the Generator of the Residuals. 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 CON TRACTOR 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: Desiginated Manager Date: C)N �qN..„�c1- - 2 - THE CITY OF CRESTVIEW, FLORIDA: By: ciaLt, Na e: David Cadle Title: Mayor Date: