Agreement - Operations Management International, Inc. - Operation, Maintenance and Management Services - Signed 2023-06-07TWELFTH ADDENDUM
TO THE
AGREEMENT FOR OPERATION, MAINTENANCE AND MANAGEMENT SERVICES FOR
THE WASTEWATER TREATMENT FACILITIES OF THE SOUTH COUNTY REGIONAL
WASTEWATER AUTHORITY
This Twelfth Addendum ("Twelfth Addendum") by and between the South County Regional
Wastewater Authority (hereinafter "Authority"), and Operations Management International, Inc.,
(hereinafter "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 upon execution.
RECITALS
WHEREAS, pursuant to Article 3.5 of the Agreement, the parties are required to negotiate an
addendum to the Agreement which shall consist of the Direct Cost Budget and Indirect Cost,
Overhead and Management Fee for the upcoming two-year period; and
WHEREAS, this Twelfth Addendum contains the Direct Cost Budget and Indirect Costs,
Overhead and Management Fee for the fiscal year 2023-2024 and fiscal year 2024-2025
(commencing as of July 1, 2023) as negotiated by the parties.
NOW THERFORE, in consideration of the foregoing recitals and the mutual conditions and
covenants contained herein, Authority and OMI agree to this Twelfth Addendum to the
Agreement as follows:
1. Exhibit B. Section 6.9
The current meter list in Section B.9 is deleted in its entirety and replaced as follows:
Permit Name
Meter ID #
Location
C & E Farms #2
135163
Sheldon Rd #2
Calpine Cogeneration Facility
61767407
Gilroy Foods - Calpine Peaker
Calpine Cogeneration
64897928
CoGen
Christmas Hill Park
70020157
CHP Softball field (East)
Christmas Hill Park (Ranch Side)
893178
CHP Booster Pump Station
(West)
Eagle Ridge Golf Course
892545
Eagle Ridge
Gilroy Golf Course
51386
Golf Course
Exhibit B, Section B.9 - Continued
Gilroy Police Department Shooting
Range
60852362
Gilroy shooting range
Gilroy Sports Park
77132138
Gilroy Sports Park
Glen Loma Ranch
78367341
Club Drive East of Santa Teresa
McCarthy Business Park
64308108
North of Bridge (Northwest)
McCarthy Business Park
65660171
North of Bridge (Northeast)
Heartland Owners Association #1
78846906
1837 Rosemary Drive
City of Gilroy #2
78293084
1771 Third Street
City of Gilroy #3
78846903
1796 Third Street
City of Gilroy #4
78255939
1798 Third Street
City of Gilroy #5
79448993
1681 Third Street
City of Gilroy #6
74814864
1502 Third Street
City of Gilroy #7
74814912
7905 Cobblestone Court
Heartland West Owners Association #8
55823473
2421 Grassland Way
City of Gilroy #9
57915438
2382 Third Street
City of Gilroy #10
70762884
2384 Third Street
Heartland West Owners Association #11
56112185
2973 Grassland Way
City of Gilroy #12
70762854
Main gate to Hecker Pass West
Cluster
B&T Farms (North)
904393
Valve bet. Calp. and range
B&T Farms (West)
994024-8
north field behind orchard
San Felipe Farms Plant
862840
next to west side of plant
San Felipe Farms
135164
Sheldon Rd #1
San Felipe Farms #1
134051
Southwest of plant #1
San Felipe Farms #2
134052
Southwest of plant #2
San Felipe Farms #3
20091455-08
Southwest of plant #3
San Felipe Farms #4
135116
Southwest of plant #4
San Felipe Farms #5
135115
Far West Turnout #5
San Felipe Farms #6
135711
Far South Turnout #6
United Natural Foods
66435006
South of bridge
United Natural Foods
66435007
South of bridge
2. Exhibit D, Section D.1
Section D.1 of Exhibit D is deleted in its entirety and replaced as follows:
D.1 Fiscal Year 2023-2024 and 2024-2025 Budget
A DIRECT COST
1. Labor and Benefits
1A_ Prevailing Wage
2. Utilities
3 Chemicals
4_ Fuels and Lubricants
5. Outside Services
6_ Laboratory Supplies
7_ Repairs, Inc. Outside Repair Svcs
8. Equipment .Rental
9. Maintenance Supplies
10. Office Supplies and Support
11. Roads, Levees, and Fences
TOTAL
B. INDIRECT COST, OVERHEAD & MGT. FEE
C. BASELINE COST (A+B)
D. ELECTRICAL
E. SOLIDS HANDLING & TRANSPORTATION
F. ANNUAL BUDGET (C+D+E)
The budget is based on the following characteristics:
Flow, Million Gallons per Day 6.219
Biochemical Oxygen Demand, lbs./ day: 18,541
Total Suspended Solids, lbs./ day: 16,433
Fiscal Years
2023-2024
2024-2025
$
2630,493
$
2,762,018
$
336 422
$
353,243
$
78.416
$
82,336
$
234.996
$
246,746
$
29,099
$
30,554
$
355,180
$
372,939
$
174,132
$
182,839
$
695,998
$
730,798
$
34,349
$
36,066
$
281.395
$
295,465
$
199,943
$
209,940
$
66,398
$
69,717
$
5,116,821
$
5,372,662
$
1,054,447
$
1.086,081
$
6,171.268
$
6,458,742
$
1,895,436
$
1,990,208
$
1,677,375
$
1,761,244
$
9,744,079
$10,210,194
Flow and Loadings values were updated based on the average for
2018, 2019, 2020, 2021, and 2022 calendar years.
3
3. Exhibit E
Exhibit E is deleted in its entirety and replaced with the following:
EXHIBIT E — VEHICLE AND ROLLING STOCK
Asset Name
Serial
Condition
Diesel Fuel Oil Tanker -848
13627
Good
1999 John Deere Tractor w Tiger Boom -4903
L0631OP235677
Fair
2007 Tiger Rear Flail Mower
TRF102-1623
Good
1998 Wilcox Three PT Hitch Ripper -8801
4467
Good
2009 Wilcox Three PT Hitch Ripper-8902
5069
Good
Rmc Three Prong Ripper with Drawbar -8802
NA
Fair
1996 Cat Tractor challenger 65D -4604
2ZJ2357
Good
2008 Cat Tractor Challenger MT835B-4801
AGCC0835JNTGG1002
Good
2005 Rome Disk harrow 2250-37-4503
114
Good
1990 Domeries Disk Harrow -8002
E-12039
Good
2020 John Deere Skid Steer
1T0333GMKLF387874
Good
2020 Eterra Sidewinder Side Boom Mower
SW-36-10062
Good
2020 Rears Brush Hound Mower
RH2O133N-84FH
Good
Godwin Pump
1162237
Good
2002 Komatsu Forklift
5585894A
Good
2020 CAT Fork Lift
AT13GO4355
Good
2016 Ditchwitch Vacuum Trailer T22S
IDSB202Z6G1702631
Good
2020 Gearmore model G703-F
G703FO92101466B
Good
2008 Ford F250 Service Truck -2809
IFDNF20598EC31811
Fair
2009 Ford Ranger Truck -2913
IFTYRIOD19PA08355
Poor
2012 Ford F550 Crane Truck 0110
IFDUF5GT9CEA66949
Good
2012 Ford F550 Crane truck -2111
IFDUF5GT7CEA66948
Good
2014 Ford F250 4X4 Crew Cab -2413
IFT7W2B63EE47242
Good
2017 Ford F450 Boom Truck
IFDUF4GY9HDA09847
Good
2017 Polaris RZSR Ranger crew
4XARVA871H0027650
Good
EXHIBIT E - Continued
2018 Ford F250 Truck 2816
IFt7X2A67JEB23341
Good
2019 Ford F250 truck-2915
IFD7X2A63KED56369
Good
2020 Ford F250 Super Duty 4A
1FTBF2 85 5LE848164
Good
2022Ford F350
1FDRF3G6XNEG15310
New
2023 Toyota Tacoma
3TYSX5EN3PT017697
New
1994 Ford Ranger Truck -2405
IFTCRIOU7RPA92921
Retired
1999 6-in Portable Pump GRT6A3
1162237
Retired
2001 Chevy 4X4 Truck 3500 -2006
IGCHK24U31E261309
Retired
2002 Gem Electric cart -7201
5ASAK27422F023925
Retired
2007 Gem Electric Cart -7703
5ASAK274 87F042986
Retired
2009 Ford Ranger Truck -2912
IFTYRIODX9PA08354
Retired
2006 Ford Half Ton Truck-2609
IFTRF12296NB74140
Retired
2000 Chevy I -Ton Service Truck -2005
IGBGC34R6YR230931
Retired
1972 Cat Tractor D6-4207
908635
Retired
2022 Carryall 500
NA
New
Pak Flail Mower F20 057
F20-057
Good
Pipe Trailer
NA
Rebuilt/Good
2009 Generator Trailer
5SLBG18209L004426
Good
2020 John Deere Blade DB96
1TODB96XEL0001232
Good
2008 Car hauler trailer
5FTTH162691033392
Good
2016 TICO Prospotter dot yard goat
IT9TSDA88GR825447
Good
4. General Provisions
A. This Twelfth 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 Twelfth Addendum and
any term of provision of the Agreement, the term or provision of this Twelfth
Addendum shall govern.
E. This Twelfth 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 Twelfth 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 Twelfth Addendum has been executed as of the date set forth
below.
Operations Management
International, Inc.
By:
Name: Andrew Appleton
Title: Vice President
Date: 5/1/2023
AUTHORITY
South County Regional Wastewater
Authority
By:
— L
Name. immy Forbis
Title: Authority Manager
Date: 2-3
Approved as to Form
By:
Name: Andrew L. Faber
Title: Authority Attorney
Date:
Attest
By:
Name: Saeid Vaziry
Title: Authority Secretary
Date: z