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SCRWA - OMI - 2006 Agreement for Operation, Maintenance and Management Services - Addendum No. 1 f"') () .t- .:~ "\ FIRST ADDENDUM TO THE AGREEMENT FOR OPERATION, MAINTENANCE AND MANAGEMENT SERVICES FOR THE WASTEWATER TREATMENT FACILITIES OF THE SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY ENTERED INTO JULY 1, 2006 CONTINUING THROUGH JUNE 30, 2021 This first addendum ("First Addendum") by and between the South County Regional Wastewater Authority (hereinafter "Authority"), and Operations Management International, Inc., (hereinafter "CH2M HILL OMI") to the AGREEMENT FOR OPERATION, MAINTENANCE AND MANAGEMENT SERVICES FOR THE WASTEWATER TREATMENT FACILITIES OF THE SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY, dated July 1, 2006 ("Agreement") shall be considered effective, retroactively, as of July 1,2007. RECITALS Pursuant to Section 3.5 of the Agreement, the parties are required to negotiate a yearly addendum to the Agreement which shall consist of the Direct Cost Budget and Indirect Cost, Overhead and Management Fee. This First Addendum contains the Direct Cost Budget and Indirect Cost, Overhead and Management Fee for fiscal year 2007-2008 (commencing as of July 1, 2007) as negotiated by the parties. NOW THERFORE, Authority and CH2M HILL OMI agree to this First Addendum to the Agreement as follows: 1. Appendix D. Section D.1 to Exhibit D - ANNUAL BUDGET is hereby deleted and replaced in its entirety with the following: \vP APP\729636.2 062007,06943001 ...., D.l. 2007-2008 Bud2et Total Direct Cost Indirect Cost, Overhead, and Baseline Cost (A + B) Electrical Cost Handling and Transportation Cost Budget ~ 'W'=~"ffl" ,...,.",,~.=~"~._UU" Annual (C + D + E ) B. 1 2 3 4 5 6 $ 1,764,373.00 $ 99,350.00 $ 171,965.00 40,080.00 $ 177,850.00 $ 24,000.00 $ 325,200.00 $ 37,940.00 $ 41,400.00 $ 77,186.00 $ 92,000.00 $ 2,851,344.00 $ 648,210.00 $ 3,499,554.00 $ 1,316,100.00 $ 600,000.00 $ 5,415,654.00 Project Operating Conditions: Flow, million gallons per day 7.8 Biochemical oxygen demand, lb/day 16464 Total suspended solids, lb/day 18112 The above characteristics are the averages for January 2006 through December 2006. alaries and benefits and lubricants ory supplies ~___JR=:f>a~s, including outside repair services 8 iEquiprnent rental 9 . tenance supplies 10 and 11 Roads, Levees, and Fences Fee 2. General Provisions. A. This First Addendum shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. B. Except as modified hereby, the terms and provisions of the Agreement shall remain unmodified and in full force and effect. c. Capitalized terms not otherwise defined herein shall have the same meaning as set forth in the Agreement. \vPAPP\729636.2 062007-06943001 2 . '... . D. In case of any conflict between any term or provision of this First Addendum and any term of provision of the Agreement, the term or provision of this First Addendum shall govern. E. This First Addendum shall be deemed to be made in, and construed in accordance with, the laws of the State of California. In the event suit is brought by either party hereunder, the Parties agree that venue for such action shall be vested in the state courts of California in the County of Santa Clara or in the United States District court in the Northern District of California. F. This First Addendum may be executed in one or more counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one agreement. IN WITNESS WHEREOF, this First Addendum has been executed as of the date set forth below. CH2M HILL OMI Operations Management International, Inc. AUTHORITY South County Regional Wastewater Authority By: ~ Roger B. Qua e, Senior Vice Pre Ident 07/Vo l;yDo 7 Approved as to Form Bv: ~~~'. ~ Linda A. Callon Authority Attorney \vP APP\729636.2 062007-06943001 3