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SCRWA - OMI - 2006 Agreement for Operation, Maintenance and Management Services - Addendum No. 2 SECOND 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 second addendum ("Second 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, as of July 1, 2008. 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. The parties have previously negotiated and agreed upon the "FIRST ADDENDUM TO THE AGREEMENT FOR OPERATION, MAINTENANCE AND MANAGEMENT SERVICES FOR THE WASTEWATER TREATMENT FACILITIES OF THE SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY" (hereinafter "First Addendum"), which First Addendum contains the Direct Cost Budget and Indirect Cost, Overhead and Management Fee for the 2007-2008 fiscal year ending June 30,2008. Pursuant to Section 13.1 of the Agreement, the parties may also amend the Agreement if such amendment is in writing and executed by both parties. This Second Addendum contains the Direct Cost Budget and Indirect Cost, Overhead and Management Fee for fiscal year 2008-2009 (commencing as of July 1, 2008) as negotiated by the parties as well as an amendment to the language of Section B.9 of Exhibit B to the Agreement. NOW THERFORE, Authority and CH2M HILL OMI agree to this Second 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: D.1. 2008-2009 Bud2et 1 Salaries and benefits B. C. D. E. F. 2 Utilities 3 Chemicals 4 Fuels and lubricants 5 Outside services 6 Laboratory supplies 7 Repairs, including outside repair services 8 Equipment rental 9 Maintenance supplies 10 Office supplies and support 11 Roads, Levees, and Fences Total Direct Cost Indirect Cost, Overhead, and Management Fee Baseline Cost (A + B) Electrical Cost Budget Solids Handling and Transportation Cost Budget Total Annual Budget (C + D + E) $ 1,732,410.00 $ 88,550.00 $ 171,965.00 $ 44,536.00 $ 255,050.00 $ 27,000.00 $ 173,500.00 $ 240,800.00 $ 41,400.00 $ 122,100.00 $ 92,000.00 $ 2,989,311.00 $ 667,656.00 $ 3,656,967.00 $ 1,408,227.00 $ 966,000.00 $ 6,031,194.00 Project Operating Conditions: Flow, million gallons per day 6.4 Biochemical oxygen demand, lb/day 14198 Total suspended solids, lb/day 14573 The above characteristics are the averages for January 2007 through December 2007. 2. EXHIBIT B Section 8.9 to Exhibit B -SCOPE OF SERVICES is hereby deleted and replaced in its entirety with the following: B.9 Meter Reading, Recycled Water Meter Maintenance and Calibration OMI shall read all currently established recycled water meters on a monthly basis and maintain and calibrate currently established recycled water meters on an as-needed basis. The meter readings, maintenance and calibration reports shall be provided to the City of Gilroy and the Santa Clara Valley Water District (SCVWD) for reporting to the Regional Board and billing purposes. Should OMI not be able to read, maintain or \\Aspen\omi\Groups\OMI\Den\Word Processing\Agreement\S\SCRW A (Gilroy)\SCRW A And aMI Services Addendum2 r l.rtf 2 calibrate any of the meters, the City of Gilroy and SCVWD customer service liaison shall be contacted to rectify the situation. OMI will not be responsible for any inaccessible meter or for failing to read a meter located in a potentially hazardous location. CURRENT LIST OF RECYCLED METERS Meter ID # Description Units(Gal,MG, Acft, etc) Customer Location Date Installed 6" Water Christmas Hill - 893178 Specialties AF x 1 Gilroy west 11/26/2003 12" Water 892545 Specialties GA x 1000 Eagle Ridge Eaale Ridae 7/23/2003 B" Water north field behind ~94024-8 Specialties AF x 1 Obata orchard 5/24/2000 B" Water next to west side of ~62840 Specialties AF x 1 Obata plant 6/2/2003 Christmas Hill - 1624114 4" Sensus Cubic feet x 10 Gilroy east Aug-65 14113231 B" Sensus GA x 1000 Calpine Gilroy foods - Calpine Apr-04 Gilroy shooting 33813278 1 1/2 Rockwell GA x 1000 Gilroy ranqe Jun-04 64897944 2 1/2 Rockwell GA x 10 Gilroy Gilroy Sports Park Jun-06 134051 3 1/2 Rockwell GA x 1000 Obata Southwest of plant #1 Jan-06 134052 B" Sparling GA x 1000 Obata Southwest of plant #2 Jan-06 134050 B" Sparling GA x 1000 Obata Southwest of plant #3 Jan-06 134049 B" Sparlinq GA x 1000 Obata Southwest of plant #4 Jan-06 57687239 6" Sensus GA X 10 Gilroy Golf Course Feb-07 McCarthy Business South of Bridge ~6435006 3" Sensus GA Park Southwest) Auq-O 7 McCarthy Business South of Bridge 66435007 3" Sensus GA Park Southeast) Aug-07 McCarthy Business North of Bridge 64308108 3" Sensus GA Park Northwest) Auq-07 McCarthy Business North of Bridge 65660171 3" Sensus GA Park Northeast) Aug-07 64897928 10" Sensus GA Calpine Nov-07 3. General Provisions. A. This Second 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. D. In case of any conflict between any term or provision of this Second Addendum and any term of provision of the Agreement (including any provisions set forth in the First Addendum), the term or provision of this Second Addendum shall govern. \\Aspen\omi\Groups\OMI\Den\Word Processing\Agreement\S\SCRW A (Gilroy)\SCRW A And aMI Services Addendum2 r l.rtf 3 E. This Second 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 Second 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 Second Addendum has been executed as of the date set forth below. CH2M HILL OMI Operations Management International, Inc. ~ By: ~ (3. RogerB. Q yle, Senior Vice resident ~ APpr~~rm -0. /'/7 Bv: ~ c:;, ~ Linda A. Callon Authority Attorney \\Aspen\omi\Groups\OMI\Den\Word Processing\Agreement\S\SCRW A (Gilroy)\SCRW A And aMI Services Addendum2 r l.rtf 4