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SCRWA - OMI - 2006 Agreement for Operation, Maintenance and Management Services- Addendum No. 4 FOURTH 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 Fourth Addendum ("Fourth 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, 2010. 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 Fourth Addendum contains the Direct Cost Budget and Indirect Cost, Overhead and Management Fee for fiscal year 2010-2011 (commencing as of July 1, 2010) as negotiated by the parties. NOW THERFORE, Authority and CH2M HILL OMI agree to this Fourth 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. 2010-2011 Bud2et 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 $ 1,612,279.00 E. Solids Handling and Transportation Cost Budget $ 1,017,140.00 F. Total Annual Budget (C + D + E) $ 6,298,105.00 Project Operating Conditions: Flow, million gallons per day 6.6 Biochemical oxygen demand, Ib/day 15463 Total suspended solids, Ib/day 15738 The above characteristics are the averages for January 2009 through December 2009. 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 Units(Gal,MG, Date Meter ID # DescriDtion 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 plant 6/2/2003 67801194 Christmas Hill - 4" Sensus Cubic feet x 10 Gilrov east Jun 09 Gilroy foods - 14113231 8" Sensus GA x 1000 Calpine Calpine Apr-04 Gilroy shooting 33813278 1 1/2 Rockwell GA x 1000 Gilroy ranee Jun-04 64897944 2 1/2 Rockwell GA x 10 Gilroy Gilrov Sports Park Jun-06 Southwest of plant 134051 31/2 Rockwell GA x 1000 Obata #1 Jan-06 Southwest of plant 134052 8" Sparlina GA x 1000 Obata #2 Jan-06 8" Water Southwest of plant 2009145508 Specialties GA x 1000 Obata #3 Jun-09 Southwest of plant 134049 8" Sparlina GA x 1000 Obata #4 Jan-06 57687239 6" Sensus GA X 10 Gilrov Golf Course Feb-07 McCarthy Business South of Bridge 66435006 3" Sensus GA Park (Southwest) Aug-07 McCarthy Business South of Bridge 66435007 3" Sensus GA Park (Southeast) Aug-07 McCarthy Business North of Bridge 64308108 3" Sensus GA Park Northwest) Aug-07 McCarthy Business North of Bridge 65660171 3" Sensus GA Park (Northeast) Auq-07 64897928 10" Sensus GA Calpine Nov-07 3 3. EXHIBIT E - VEHICLES AND ROLLING STOCK Exhibit E - Vehicles and Rolling Stock is deleted in its entirety and is replaced with the following: EXHIBIT E - VEHICLES AND ROLLING STOCK Vehicle or Equipment J.D. Number Condition 2000 Chevrolet UT Truck 1 GBGC34R6YR230931 Good 2001 Chevrolet 4X4 Pickup 1 GCHK24 U31E261309 Good 1994 Ford Ranger XLT Pickup lFTCR10U7RP A92921 Good 1994 Chevrolet 3500 HD Truck 1GBKC34F6RJ10 Good 1995 Ford F-Super Duty lFDLF47F6SEA46771 Good 1994 Chevrolet 2500 4X4 Pickup 1 GCFK24H1RE179620 Fair 1972 Caterpillar D6C LGP Tractor 90B635 Fair 1996 Caterpillar Challenger 65 D Tractor 2ZJ02357 Good 1999 John Deere Tiger Boom Mower L06310P235677 Good 1990 Domries Disc Harrow OFNX-1010-3482 Good 1978 Reclamation Ripper 226.3 Fair 1998 Wilcox Ripper 4467 Good 1999 Domries Disc Harrow M5113 Good 1999 Gorman-Rupp 6" Portable Pump 1162237 Good Fuel Tanker 718-50-99 Fair 2002 Komatsu Forklift #FG30HT-12 5585894A Good 2009 Ford Ranger Pickup 1 FTYR1ODX9P A08354 Good 2009 Ford Ranger Pickup 1FTYR10D19P A08355 Good 2009 Wilcox Ripper 5069 Good 2005 Rome Disc Harrow 114 Good 2006 Ford 1/2 Ton Pickup 1FTRF12296NB74140 Good 2008 Ford F250 Truck 1FDNF20598EC31811 Good 2002 GEM Electric Cart 5ASAK27422F023925 Good 2007 GEM Electric Cart 5ASAK27487F042986 Good 2008 Caterpillar Challenger MT835B AGCC0835JNTGG1002 Good 4 4. General Provisions. A. This Fourth 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 Fourth Addendum and any term of provision of the Agreement, the term or provision of this Fourth Addendum shall govern. E. This Fourth 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 Fourth 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 Fourth Addendum has been executed as of the date set forth below. AUTHORITY CH2M HILL Operations Management International, Inc. By.l^ n o...,.nMJA- Na'~ L' E9ttredge Title: Vice President and Business Manager ~ Date:~7/13/ID 1", l' ,?ulClApproved as to Form County Regional Wastewater By: Name:Thomas . Haglund Title: ~dministrator Date; U:J 1 D ATTEST: '\ B' Nam renda M. Miles Title: AutlJ.Q~y Secreta Date: 1-,'.:2?-- /(~ , , 5