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HomeMy Public PortalAboutCH2M Hill Amendment 5C112414: AMENDMENT NO. 5 TO THE AGREEMENT FOR OPERATIONS, MAINTENANCE AND MANAGEMENT SERVICES FOR THE CITY OF CRESTVIEW, FLORIDA This Amendment No. 5 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 IQ day of 48.401, 2019 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. Article 4.1 is deleted in its entirety and replaced with the following: This Agreement shall be extended by five (5) years effective October 1, 2019 and shall remain in full force and effect through September 30, 2024. Thereafter this Agreement shall be automatically renewed for successive terms of five (5) years unless cancelled by either party not less than 120 days prior to expiration 2. Appendix B, Article B.1.12 is added to this Agreement: B.1.12 CONTRACTOR will invest $30,000 at no cost to the OWNER for the following: B.1.12.1 Replace headworks piping & bolts including #3 discharge pipe at the headworks screens, all three (3) 90° discharge pipe elbows at the screens, replace all carbon steel bolts on the headworks screen discharge piping with stainless steel. B.1.12.2 Replace plywood siding on WWTP buildings (office and belt press room) after installing Tyvex building wrap for weather proofing. 3. 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 Seven Hundred Twenty Eight Thousand and Twenty Eight Dollars ($728,028) for the period of October 1, 2019 through September 30, 2020. Subsequent years' base fees shall be determined as hereinafter specified. - 1 - 4. 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. 5. 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 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. 6. 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. 7. 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. - 2 - 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.: FLORIDA: Name: Kyle Holder Title: Designated Manager Date:�.N1.--t��� By'VKIA/0I, bugb Name: David Cadle Title: ayor Date: 6— 25-- 2-1) i CI - 3 -