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SCRWA - OMI - 2006 Agreement for Operation, Maintenance and Management Services - Addendum No. 3 THIRD 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 third addendum ("Third 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, 2009. 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 Third Addendum contains the Direct Cost Budget and Indirect Cost, Overhead and Management Fee for fiscal year 2009-2010 (commencing as of July 1, 2009) as negotiated by the parties. NOW THERFORE, Authority and CH2M HILL OMI agree to this Third Addendum to the Agreement as follows: 1. Appendix C. Section C.2 - Design Limitations to Exhibit C - Permits and Project Conditions is hereby deleted and replaced in its entirety with the following: The following influent wastewater characteristics are considered the plant operational limits: Average dry weather flow Biochemical oxygen demand (5-day), design maximum Total suspended solids, design maximum 8.5 mgd 14,100Ib/day 18,800 Ib/day 2. Appendix D. Section D.1 to Exhibit D - ANNUAL BUDGET is hereby deleted and replaced in its entirety with the following: D.l. 2009-2010 Bnd!!et A. Direct Cost 1 Salaries and benefits $ 1,715,000.00 2 Utilities $ 90,000.00 3 Chemicals $ 175,000.00 4 Fuels and lubricants $ 40,000.00 5 Outside services $ 260,000.00 6 Laboratory supplies $ 36,000.00 7 Repairs, including outside repair services $ 200,000.00 8 Equipment rental $ 40,000.00 9 Maintenance supplies $ 200,000.00 10 Office supplies and support $ 100,000.00 11 Roads, Levees, and Fences $ 125,000.00 Total Direct Cost $ 2,981,000.00 B. Indirect Cost, Overhead, and Management Fee $ 687,686.00 C. Baseline Cost (A + B) $ 3,668,686.00 D. Electrical Cost Budget $ 1,506,803.00 E. Solids Handling and Transportation Cost Budget $ 923,800.00 F. Total Annual Budget (C + D + E ) $ 6,099,289.00 Project Operating Conditions: Flow, million gallons per day 6.3 Biochemical oxygen demand, lb/day 14698 Total suspended solids, lb/day 14593 The above characteristics are the averages for January 2008 through December 2008. 2. EXHIBIT B Section B.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 CH2M HILL 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, 2 maintain or 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 maintaining, calibrating or reading any inaccessible water meter that is otherwise located in a potentially hazardous location. Calibration of the recycled water meters will be on an as needed basis, but no more frequent than annually. Should the recycled water meters require calibration more often than annually, that work will be provided as an Out of Scope service. Replacement of any recycled water meter shall be paid for by the Authority as required by Article 8.2 of the agreement. CURRENT LIST OF RECYCLED METERS Meter 10 Units(Gal,MG, Date # Description Acft, etc) Customer Location Installed 6" Water Christmas Hill - 893178 Specialties AF x 1 Gilrov west 11/26/2003 12" Water 892545 Specialties GA x 1000 Eaqle Ridqe Eaqle Ridqe 7/23/2003 8" Water north field behind 994024-8 Specialties AF x 1 Obata orchard 5/24/2000 8" Water next to west side of 862840 Specialties AF x 1 Obata olant 6/2/2003 67801194 Christmas Hill - 4" Sensus Cubic feet x 10 Gilroy east Jun 09 Gilroy foods - 14113231 8" Sensus GA x 1000 Calpine Caloine Apr-04 Gilroy shooting 33813278 1 1/2 Rockwell GA x 1000 Gilroy ranae Jun-04 64897944 2 1/2 Rockwell GA x 10 Gilroy Gilrov Soorts Park Jun-06 Southwest of plant 134051 3 1/2 Rockwell GA x 1000 Obata #1 Jan-06 Southwest of plant 134052 8" Sparlinq GA x 1000 Obata #2 Jan-06 Southwest of plant 134050 8" Sparling GA x 1000 Obata #3 Jan-06 Southwest of plant 134049 8" Sparlinq GA x 1000 Obata #4 Jan-06 57687239 6" Sensus GA X 10 Gilroy Golf Course Feb-07 McCarthy Business South of Bridge 66435006 3" Sensus GA Park (Southwest) Aug-07 McCarthy Business South of Bridge 66435007 3" Sensl1s 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) Auq-07 64897928 10" Sensus GA Calpine Nov-07 3. General Provisions. A. This Third Addendum shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. 3 I ~ 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 Third Addendum and any term of provision of the Agreement, the term or provision of this Third Addendum shall govern. E. This Third 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 Third 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 Third Addendum has been executed as of the date set forth below. CH2M HILL OMI Operations Management International, Inc. AUTHORITY South County Regional Wastewater Au . BY:---:-~ ~ Natalie Eldredge, Vice President ~ By: Thomas J. Haglun Authority Administrator Date: ~~ Approved as to Form ATTEST: By: ,5/ ~.t!!ae~ Linda A. Callon Authority Attorney 4