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HomeMy WebLinkAboutOMI AMENDMENT NO 11 Page 1 of 4 AMENDMENT NO.ll TO THE AGREEMENT FOR OPERA nONS, MAINTENANCE AND MANAGEMENT SERVICES FOR AUGUSTA, GEORGIA This AMENDMENT No. 11 to the Agreement date July 20, 1999 is made effective this 1st day of January, 2007 between Augusta, Georgia, a political subdivision of the State of Georgia, whose address for any formal notice is 530 Green Street, Room 801, Augusta Georgia 30911, Attention: City Administrator (hereinafter "Owner") and Operations Management International, Inc. (hereinafter "OMI") with offices at 9193 South Jamaica Street, Suite 400, Englewood, Colorado 80112. NOW THRERFORE, Owner and OMI agree to amend the Agreement as follows: 1. Article 2.34 is hereby deleted in its entirety and replaced with the following Article 2.34: 2.34 Provide, and document repairs as described in Appendix A.5, provided the total amount OMI shall be required to pay does not exceed Three Hundred Forty-Nine Thousand One Hundred Eighty-Eight Dollars and No Cents ($349,188.00) during the eighth year of the Agreement (January 1,2007 through December 31, 2007). At such time that actual repair costs exceed the annual repairs limit, OMI shall notify the Owner in writing. Repairs in excess of the annual repair budget will be invoiced at direct costs, with no markup for overhead or profit and will be included in the annual reconciliation of the contract. 2. A new Article 3.9 is added as follows: 3.9 Pay for all electrical usage at the Spirit Creek Pump Station. 3. A new Article 3.10 is added as follows: 3.10 Clean and remove debris from grit chamber and wet well at the Spirit Creek Pump Station. 4. Article 4.1 is hereby deleted in its entirety and replaced with the following Article 4.1: 4.1 For services rendered for the period January 1,2007 through December 31, 2007, Owner shall pay to OMI a base fee equal to the actual cost of services as provided in Article 4.3, which includes a Management Fee of One Hundred Seventy Seven Thousand Eight Hundred Seventy Seven Dollars and Three Cents ($177,877.03). Said Management Fee and Base Fee shall increase proportionally with Base Fee adjustments described in Article 4.4. 5. Article 4.3 is hereby deleted in its entirety and replaced with the following Article 4.3. 4.3 OMI estimates that the cost for services for the period January 1,2007 through December 31, 2007 shall be Six Million Seven Hundred Twenty Nine Thousand Six Hundred Eighty One Dollars and No Cents ($6,729,681.00). Details of said costs are shown in Appendix K. The Base Fee shall be negotiated each year beginning 120 days prior to conclusion to contract year. Should Owner and OMI fail to agree, the Base Fee will be OPERATIONS MANAGEMENT INTERNATIONAL, INC. AUGUSTA, GEORGIA determined by the application of the Base Fee Adjustment Formula shown in Appendix F. 6. Appendix B is hereby deleted in its entirety and replaced with the attached Appendix B. 7. Appendix K is hereby deleted in its entirety and replaced with the attached Appendix K. This Amendment No. 11 together with the Agreement constitutes the entire agreement between the Parties and supersedes all prior oral and written understandings with respect to the subject matter set forth herein. Unless specifically stated all other terms and conditions of the Agreement shall remain in full force and effect. Neither this Amendment nor the Agreement may be modified except in writing signed by an authorized representative of the Parties. The Parties, intending to be legally bound, indicate their approval of the Amendment by their signatures below. RO~I~' ~ tW Senior Vice President Date: 1- 2'2..-01 C}f4.q- FDavid S. Copenh er o Mayor ( / Z;VY Dare: I {/i4 ~ ATTEST: '0 't1t1ttI/ Clerk Page 2 of 4 Page 3 of 4 Appendix B LOCATION OF PROJECT AND EQUIPMENT INVENTORY B.l OMI agrees to provide the services necessary for the management, operation, and maintenance of the following: a) All equipment, grounds, and facilities now eXlstmg within the current property boundaries of or being used to operate Owner's 1.B. Messily Wastewater Treatment Plant located at 1820 Doug Barnard Parkway, Augusta, Georgia, including the manmade constructed wetland system. b) All equipment, grounds, and facilities now eXlstmg within the current property boundaries of the Spirit Creek Wastewater Treatment Facility located at 1120 Bennock Mill Road, Augusta, GA. c) The new Spirit Creek Pump Station located at 1101 Bennock Mill Road. The Owner retains total and complete responsibility for operation, maintenance and management of all lift stations, gravity sewers, force mains, manholes and all associated wastewater conveyance facilities not specifically identified above. ~ . ,J, Appendix K Estimated Costs 2007 Description Annualized Cost Labor and Benefits $ 2,105,150.98 Administrative $ 83,522.74 Equipment and Vehicle Expense $ 114,420.00 Biosolids Application $ 972,000.00 Training $ 34,512.65 Materials and Supplies $ 104,940.00 Chemicals $ 387,600.00 Outside Services $ 139,800.00 Power $ 1,388,100.00 Repairs $ 349,188.00 Miscellaneous $ Sub-total $ Overhead 10.5% $ 596,319.61 Management Fee $ 170,377 .03 Sub-total $ Directors Allowance $ 250,000.00 Overhead 10.5% $ 26,250.00 Management Fee $ 7,500.00 Sub-total $ Total $ November 17, 2006 5,679,234 766,697 283,750 6,729,681