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HomeMy WebLinkAboutReso - CC - 039-2008RESOLUTION NO. 39-2008 AUTHORIZING EXECUTION OF AGREEMENT FOR PROFESSIONAL SERVICES WITH VEOLIA WEST OPERATING SERVICES. FOR A FIVE YEAR AGREEMENT FOR OPERATION AND MAINTENANCE OF THE WASTEWATER TREATMENT FACILITY RESOLVED, by the CITY COUNCIL of the City of Burlingame, California and this Council does hereby FIND, ORDER and DETERMINE AS FOLLOWS: 1. The public interest and convenience require execution of the agreement cited in the title above. 2. The City Manager be, and he is hereby, authorized to sign said agreement for and on behalf of the City of Burlingame. 3. The City Clerk is hereby ordered and instructed to attest such signature. Mayor I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular "meeting of the City Council held on the 5th day of may , 2008, and was adopted thereafter by the following vote. AYES: COUNCILMEMBERS: sAYLOCK, DEAL, KEIGNBAN, NAGEL, 01NANONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Ci C", erk SAA Public Works Directory\Author, By NameVoanne Louie\REOLUTIONAGREEMENT, W PD Updated version dated 5-8-08 City of Burlingame Agreement with Veolia West Operating Services Inc. for Operations and Maintenance of the City of Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 SECTION I. EMPLOYMENT... SECTION II. TERM...... ................................................................................................... I .......2 SECTION III. VWOS SHALL PROVIDE THE FOLLOWING SERVICES...........................................2 AFACILITY SCOPE................................................................................................................................2 B. STAFFING...........................................................................................................................................2 C. TECHNICAL SUPPORT........................................................................................................................3 D. EMPLOYEE PROGRAMS......................................................................................................................3 E. COMPUTER SYSTEMS.........................................................................................................................3 F. PERMIT CONDITIONS.........................................................................................................................3 G. SERVICE PAYMENTS..........................................................................................................................4 H. GENERAL FACILITY MAINTENANCE SYSTEM.....................................................................................4 I. CAPITAL OUTLAY PLAN....................................................................................................................4 J. CAPITAL IMPROVEMENT PLAN..........................................................................................................4 O. COMPLLANCE WITH LAWS...........................................................................................................9 P. LABORATORY.................................................................................................................................. 10 Q. NORTH BAYSIDE SYSTEM UNIT(NBSi)).................................................................................10 ACOMPENSATION ............................................................................................................................... I1 BAUDITS ............................................................................................................................................ 12 C EASEMENTS AND LIENS................................................................................................................... 12 D EXISTING INVENTORIES................................................................................................................... 13 E CAPITAL OUTLAY AND CAPITAL IMPROVEMENT PLAN REIMBURSEMENTS ..................................... 13 FEMERGENCY REPAIRS...................................................................................................................... 14 GDIGESTER CLEANING......................................................................................................................... 14 SECTION V. LIMITATIONS.................................................................................................................14 A INFLUENT CHARACTERISTICS.......................................................................................................... 14 BCITY ACTS....................................................................................................................................... 15 CFORCE MAIUERE............................................................................................................................. 15 D LABOR CONDITIONS........................................................................................................................ 16 ECHANGES IN LAW............................................................................................................................ 16 SECTION VI. INDUSTRIAL WASTE PROGRAM (IWP), AND STORM WATER POLLUTION PREVENTION PROGRAM (STOPPP)..................................................................................................16 SECTION VII. ELECTRICAL PROGRAM............ SECTION VIII. GENERAL PROVISIONS ..... ARENEWAL............................................................. B TERMINATION....................................................... C HOLD HARMLESS ................................................. 17 ............................................................17 ............................................................18 ............................................................19 ............................................................19 Updated version dated 5-8-08 D. WATER QUALITY PROTECTION........ 7.............................................................................................. 21 E. DISPUTE RESOLUTION..................................................................................................................... 21 F. FIRE INSURANCE.............................................................................................................................. 21 G. CITY FINANCIAL REvIE W................................................................................................................ 22 H. VWOS CAPITAL ..............................................................................................................................22 I. V WOS INDEPENDENT CONTRACTOR. ................... .......................................................................... 22 J. WAIVER OF RIGHTS......................................................................................................................... 22 K. ASSIGNMENT................................................................................................................................... 22 L. EQUAL OPPORTUNITY EMPLOYMENT.............................................................................................. 23 M. AGREEMENT UMITS........................................................................................................................ 23 N. CITY ACCESS................................................................................................................................... 23 O. NOTICES.......................................................................................................................................... 23 ATTACHMENTA... ..................... ........................................................................................................... I ATTACHMENTB.....................................................................................................................................1 LIST OF VEHICLES AND EQUIPMENT................................................................................................ I ATTACHMENT C ..................... INDUSTRIAL WASTE PROGRAM ............ REFERENCE MATERIAL A-1 .......................................................................1 .......................................................................1 ROLLING FIVE YEAR CAPITAL OUTLAY PLAN..............................................................................1 REFERENCEMATERIAL B-1 ............................. .................................................................................... I ROLLING FIVE YEAR CAPITAL IIv PROVEMENT PLAN..................................................................1 ii Updated version dated 5-8-08 999999������yyyyyy THIS AGREEMENT, entered into this �j Z day of AW2008 by and between: City of Burlingame, in the State of California (hereinafter called City) and Veolia West Operating Services Inc., holding California General Contractors License Number 866429, a Delaware Corporation with offices located at 2300 Contra Costa Blvd, Suite 350, Pleasant Hill, CA 94523 (hereinafter called VWOS) WHEREAS: CITY has jurisdiction over , the wastewater treatment plant located in the City of Burlingame (hereinafter called the FACILITY); and WHEREAS: CITY is desirous that the FACILITY be operated and maintained in the most efficient and safe manner possible, while complying with all Federal and State laws; and WHEREAS: VWOS is a corporation specializing in the business of supplying operation, maintenance and management services for such waste treatment plants; NOW, THEREFORE, in consideration of the promises and terms contained herein, the parties agree as follows: Section I. EMPLOYMENT The CITY engages VWOS to provide operations, maintenance, and management services for the wastewater treatment FACILITY under the jurisdiction of the CITY and located at 1103 Airport Boulevard, valves and force main between the FACILITY and the Rollins Road Pump Station, the Rollins Road lift station located at 1079 Rollins Road, and the landfill flare station located at the FACILITY. VWOS shall monitor the gas collection system I the landfill for proper operation and gas production of carbon dioxide and methane. VWOS shall ensure that no pipe breakages have occurred, and that condensate drain sumps remain functional. O&MAgreement 1 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 Section II. TERM The contract term shall commence on July 1, 2008 and expire five (5) years thereafter unless renewed in accordance with Section VIII -A. Prior to each renewal the City will work with VWOS in completing a reasonableness cost review to verify that the City's wastewater treatment costs are comparable to other local communities with similar demographics and similar treatment plant facilities. This study will recognize value added services provided to the City by VWOS. This contract may be renewed pursuant to provisions in Section VIII -A of this contract. Section III. VWOS SHALL PROVIDE THE FOLLOWING SERVICES A Facility Scope VWOS shall operate and maintain the treatment processes that include, but are not limited to, screening, grit removal, primary clarification, activated sludge, secondary clarification, chlorination, gravity thickening, anaerobic biosolids digestion, solids dewatering, odor control systems, reclaim water system, and cogeneration facilities. Final effluent pumping and de -chlorination systems will be operated as necessary. VWOS shall also operate and maintain the lift station at 1079 Rollins Road (hereinafter referred to as the Main Pump Station) and the valves and force main located between the Main Pump Station and the FACILITY. VWOS shall provide a complete review of the valves and force main located between the Main Pump Station and shall submit to the City a budget for all required repairs or replacements by February 28, 2009. It is understood that all repairs and replacements will be successfully completed by VWOS either as a capital or maintenance repair project. B. Staffing VWOS shall staff the FACILITY with qualified employees experienced in wastewater treatment process control and O&MAgreement 2 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 maintenance procedures. It is the intention of VWOS to make operation of the Treatment Plant a model facility for the San Francisco•Bay and surrounding area. VWOS shall provide the level of coverage needed to ensure monitoring of all routine wastewater treatment operations called for in this Agreement. VWWOS shall staff the FACILITY with employees that meet or exceed necessary certification required by governmental agencies as well as provide continued upgrading, education and training of these employees in modern wastewater control, safety, environmental compliance, and equipment maintenance. C. Technical Support VWOS shall provide, as necessary, resources and professionals with expertise and experience in process control, maintenance, management, and engineering from its affiliated companies and facilities located throughout North America. D. Employee Programs VWOS shall maintain an education and safety program for all employees. This program is to be patterned after the VWOS program currently utilized at all VWOS - operated facilities. The cost of this program will be the responsibility of VWOS. E. Computer Systems VWOS shall use a computer system and its proprietary software for the generation of process information for FACILITY control. In the event of contract termination, this software shall become the property of the CITY. F. Permit Conditions VWOS shall operate the FACILITY in compliance with the NPDES permit (No. CA0037788, issued on January 30th 2008) monthly limits for BODS and suspended solids which are 30 mg/1 BODS and 30 mg/1 suspended solids. Should any changes occur in a new permit, said changes will be O&MAgreement 3 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 addressed according to Attachment A, Section C, "PERIODIC ADJUSTMENTS". G. Service Payments VWOS shall pay all expenses required for the normal operation and maintenance of the FACILITY, which includes (1) personnel costs, (2) utilities, (3) chemicals, (4) fuels and lubricants, (5) normal operating supplies, (6) all residuals, including bio - solids, grit, and screenings, and except as limited in "I and J" below, maintenance repairs and replacement of capital equipment. H. General Facility Maintenance System VWOS shall provide maintenance and repairs for the equipment, structures and vehicles consistent with industry preventive maintenance standards and practices and/or manufacturer's specifications utilizing a computerized maintenance management system. The CITY shall have the right to inspect these maintenance records during normal business hours. The CITY shall have the right to engage a consultant to review maintenance at the FACILITY. I. Capital Outlay Plan VWOS shall annually develop and submit to the City by February 28th of each year a five (5) year rolling Capital Outlay plan. This Capital Outlay plan will be reviewed and approved by the City by June 30th. See Reference Material A. It is agreed to by both parties that the City will retain all maintenance and repair funds developed with this rolling five (5) year Capital Outlay plan, but that VWOS shall direct and manage all projects within the Capital Outlay fund as required to ensure compliance with all water quality permits for the FACILITY for which VWWOS is responsible. J.Capital Improvement Plan VWOS shall annually develop and submit to the City by February 28th a five (5) year rolling Capital O&MAgreement 4 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 Improvement plan. See Reference Material B-1. This Capital Improvement plan will be reviewed and approved by the City by June 30th. It is agreed to by both parties that the City will retain funds developed with this rolling five (5) year Capital Improvement plan, but that VWOS shall direct and manage all projects within the fund as required to ensure compliance with all water quality permits for the FACILITY for which VWOS is responsible. K. Plant Loadings VWOS agrees to maintain copies of plant loading and performance data over the term of this Agreement. This data shall cover, at any given time during the execution of this Agreement, the previous five years of operation up to the current time. In the event of premature contract termination, these records will become the property of the CITY. L. Reports 1) Monthly - VWOS shall provide the CITY with monthly reports that summarize capital outlay and capital improvement activities. VWOS shall provide an accounting summary of monthly capital outlay and capital improvement expenditures. 2) Annual - VWOS shall provide the CITY with an annual report by January 31st of each year that summarizes plant performance and major events and activities which affected the operation of the FACILITY. 3) NPDES - VWOS shall prepare all NPDES permit reports and submit these to the CITY for approval prior to transmittal to appropriate agencies. 4) An annual meeting will be held between the City and VWOS to review facility performance in relation to contractual indices and triggers. The meeting will be conducted prior to March 1st and will focus on data collected over the previous calendar year. VWOS shall prepare for City a report which reviews data collected O&MAgreement 5 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 over the preceding year and will summarize the emerging trends. The indices to be assessed include, but are not limited to, the following: a) Flow b) Biochemical Oxygen Demand (BODS) loading c) Total Suspended Solids (TSS) loading d) Electrical consumption e) Electrical unit cost f) Biosolids quantities g) Biosolids unit disposal cost h) Grit and Screenings quantities i) Grit and Screenings unit disposal cost Should VWOS find that its costs are outstripping the adjustments authorized by this contact, it may meet with the City to review such items. The City and VWOS agree that they will negotiate in good faith to reach an equitable adjustment to compensation, including overhead and profit, reflecting such cost increases. M. Industrial Waste Program (IWP) & Storm Water Pollution Prevention Program (STOPPP) VWOS shall provide the CITY with an Industrial Waste Program, and a Storm Water Pollution Prevention Program. These programs are discussed in more detail in Section 6 of this contract and Attachment C. N. Insurance VWOS shall maintain insurance during the life of this Agreement in compliance with the following provisions: 1. VWOS shall not commence work under this Agreement until it shall have obtained all insurance required under this SECTION which is reasonably commercially available and such insurance shall have been approved by CITY as to form, in the amounts specified herein , nor shall VWOS allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor shall have been so obtained and O&MAgreement 6 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 approved, or in such form and limits as the CITY shall otherwise reasonably approve prior to the commencement of such work by the subcontractor. 2. Compensation Insurance. VWOS shall take out and maintain, during the life of this Agreement, Worker's compensation insurance as required by State Law for all its employees employed at the FACILITY and in case any work is sublet, VWOS shall require its subcontractor similarly to provide worker's compensation insurance for all of the latter's employees, unless such employees are covered by the protection afforded by VWOS. In case any class of employees engaged in work under this Agreement at the FACILITY is not protected under this Agreement at the FACILITY is not protected under any worker's compensation law, VWOS shall provide, and shall cause each subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. VWOS indemnifies CITY for any damage resulting to it from failure of either VWOS or any subcontractor to take out or maintain such insurance. 3. Commercial General Liability, Automobile Liability, Pollution Liability, and Professional Liability Insurance. VWOS shall take out and maintain during the life of this Agreement such commercial general liability, automobile liability, pollution liability, and professional liability insurance as shall protect CITY, its elective and appointive boards, officers, agents and employees, VWOS and any subcontractor performing work covered by this Agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from VWOS' or any subcontractor's operations under this Agreement, whether such operations be by VWOS or by any O&MAgreement 7 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 subcontractor, or by anyone directly or indirectly employed by either VWOS or any subcontractor provided, however, that VWOS is required to take out and maintain insurance only against claims to which VWOS' hold harmless of City set forth in Section VIII C of this Agreement applies. The amounts of such insurance shall be as follows: (a) Commercial General Liability Public Liability(Personal Injury and Property Damage) Insurance. In an amount not less than $2,000,000.00 (each occurrence) for injuries, including, but not limited to, death to any one person and, subject to the same limit for each person, in an amount not less than $4,000,000.00 general aggregate limit , and in a form at least as broad as ISO "Occurrence" Form CG 0001. (b) Automobile Liability Insurance for Autos Owned or Managed by VWOS. In an amount not less than $2,000,000 combined single limit per accident for bodily injury and property damage. (c) Pollution Liability Insurance. In an amount not less than $2,000,000 per claim for bodily injury or property damage because of a pollution event resulting from covered operations or completed operations.. (d) Professional Liability Insurance. In an amount not less than $1,000,000 per claim sufficient tc insure VWOS for professional errors or omissions in the performance of the particular scope of work under this agreement. 4. Proof of Carriaae of Insurance. VWOS O&MAgreement 8 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 shall furnish CITY, through the City Engineer, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and that each carrier shall give CITY at least thirty days prior notice of the cancellation of any policy during the effective period of this Agreement. VWOS shall provide an endorsement to its commercial general liability automobile liability, and pollution liability insurance policy demonstrating that the CITY, its elective and appointive boards, officers, agents, and employees have been named as additional insured's to provide indemnity pursuant to subparagraph 3 above. All insurance shall be primary, and any insurance or self-insurance maintained by CITY shall be excess of VWOS' insurance and shall not contribute to it. VWOS' insurance shall apply separately to each insured against whom a claim is made or suit brought, except with respect to the limits of the insurer's liability. 5. Deductibles. Any deductibles and self- insured retentions must be declared to and approved by CITY, such approval not to be unreasonably withheld. 6. Acceptability of Insurers. Insurance shall be placed with insurers with a Best's rating of no less than A -:VII and authorized to do business in the State of California. O. Compliance with Laws VWOS shall comply with all applicable state, federal and local laws and ordinances as they apply to the FACILITY. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS' STATE LICENSE BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR O&MAgreement 9 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS' STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CA 95826. P. Laboratory 1) NPDES — VWOS will perform all laboratory sampling, testing and analyses presently required by existing NPDES Permit No. CA 0037788, issued January 30, 2008, and provide a QA/QC program. Perform lab analysis for potable water samples for CITY on an as needed basis. The frequency for the analyses would be determined by an event or failure of lab services provided by others to the City. 2)Sampling - Perform the sampling and analysis for Priority Pollutants, Monthly Metals, Toxicity Testing, Semi -Annual Sludge Testing, and Waste Minimization Program. Sampling parameters and sampling frequency are provided in NPDES Permit No. CA 0037788. 3) Accreditation - Conduct four (4) sets of field testing and pay the required fees to attain accreditation for the laboratory at the FACILITY. Q.North Bayside System Unit (NBSU) The North Bayside System Unit (NBSU) is the Joint Powers Authority responsible for operation of certain shared transport and disposal facilities. The NBSU provides de -chlorination and effluent disposal services for four municipal wastewater treatment plants: Burlingame, Millbrae, SF Airport, and South San Francisco/San Bruno. The joint effluent is de- chlorinated prior to discharge into San Francisco Bay. VWOS shall monitor and report to the City any changes in the Joint Powers Authority. VWOS shall operate the Facility in a manner that conforms to effluent parameters set forth in the treatment plant's NPDES O&MAgreement 10 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 permit #CA0037788. VWOS shall attend NBSU meetings and keep the City appraised of pertinent issues. VWOS shall assist the City in the evaluation process involved with annual maintenance and repairs of the NBSU line. VWOS shall assist the City with development of SOP's for planned and emergency shutdown procedures of the NBSU line. R. Conflicts of Interest VWOS understands that its professional responsibilities are solely to the CITY. VWOS has not and shall not obtain any business holdings or financial interest in the City of Burlingame. VWOS has no business holdings or agreements with any individual member of the Staff or management of the CITY or its representatives nor shall it enter into any such holdings or agreements with such individuals. In addition, VWOS warrants that it does not presently and shall not acquire any direct or indirect financial interest adverse to those of the CITY in the subject of this Agreement, and it shall immediately disassociate itself from such an. interest should it discover it has done so and shall, at the CITY's sole discretion, divest itself of such interest. VWOS shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, VWOS discovers it has employed a person with such direct or indirect interest, VWOS shall promptly notify CITY of this employment relationship, and shall, at the CITY's sole discretion, sever any such employment relationship, or at the discretion of VWOS, no longer employ that individual in the performance of the Agreement. The term "financial interest," as used in this Paragraph, does not include this Agreement, or any obligations undertaken by VWOS pursuant to the Agreement, or any litigation, lawsuits or claims that may arise from VWOS's operations under this Agreement. Section IV. CITY RESPONSIBILITIES A Compensation O&MAgreement 11 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 The CITY shall pay to VWOS as compensation for the services performed the sum of $230,748 per month. This compensation amount shall be payable at the first of each month the services are to be rendered. Compensation will be subject to annual adjustment as described in Attachment A. Payment to VWOS for this and all other compensation or reimbursement arising from other provisions of this Agreement shall be made within twenty (20) days after receipt of invoice. Late payments in excess of 20 days will be subject to a service charge of 1.5% per month or maximum legal rate, whichever is less. It is agreed and understood that the process for payment provided in this Agreement is intended to accommodate an ongoing system. Therefore, it is expected that the City shall pay compensation under this section that the City may dispute in either amount or extent, and that payment by the City shall not be interpreted to waive any rights the City may assert to dispute the amounts claimed by VWOS through the dispute resolution process of this Agreement or otherwise. To the extent that any portion of the compensation described herein violates applicable law or the terms of any existing debt, bonds, grants or other financing or debt incurred by the CITY prior to the effective date relating to any of the FACILITY, VWOS and the CITY shall adjust the compensation to comply with such applicable law or the terms of such existing debt, bonds, grants or other financing or debt, as applicable, in order to provide VWOS with the amount of compensation contemplated under this Agreement. B Audits The CITY, at its own expense, shall have the right to audit VWOS costs at any time during the life of this Agreement. C Easements and Liens O&MAgreement 12 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 VWOS shall maintain existing easements, licenses and warranties for the mutual benefit of both parties. D Existing Inventories The City shall provide vehicles and equipment listed in Attachment B for use by VWOS (as identified July 1, 2008). This list shall be updated annually and included in the annual budget update report as an amendment to Attachment B. Said vehicles and equipment shall be in good and serviceable condition and shall comply with all OSHA and State licensing requirements. Should CITY elect to remove any item listed in Attachment B from use, CITY agrees to immediately replace said item with comparable vehicles or equipment, and the City shall be responsible for providing proper maintenance on said replacement vehicles or equipment. E Capital Outlay and Capital Improvement Plan Reimbursements City shall pay for all capital outlay and capital improvement plan improvements so that the water quality and other performance guarantees are not compromised. Payment for these invoiced services is detailed in Attachment A - Section E. Capital. Outlay/Improvement items which will improve productivity or other savings to the operator will not be approved unless the CITY will receive a satisfactory portion of the economic benefit. Capital Outlay/Improvement items related to personnel and public safety, facility protection, compliance with new permit requirements, expanded capacities or product quality enhancement shall be evaluated on their particular merits and purchased in accordance with available funds; however these capital Outlay/ Improvement items remain the sole responsibility of the City. The City and VWOS understand that additional capital Outlay/Improvement items maybe required at the facilities and that VWOS under a turnkey and financing approach can provide significant savings to the City. VWOS shall complete a detailed design, operation, and finance submittal for the City's O&MAgreement 13 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 review for each potential turnkey project. The City, at its sole discretion, can elect to proceed and would then adjust VWOS compensation and contract term to mutually agreeable payment terms. The CITY may also proceed to perform the work with its own forces or to otherwise contract to have the work performed. In such circumstances, VWOS shall have the option to review such CITY performed work for acceptability prior to assumption of responsibility for operation and maintenance. E Emergency Repairs VWOS shall have the right to make emergency capital outlay expenditures, with prior notification to the City and City consent, if such expenditures are necessary to continue operation of the FACILITY in order to provide for employee public safety and environmental protection. The CITY will reimburse VWOS for these emergency capital outlay expenditures in accordance with Attachment A -Section D. G Digester Cleaning Provide for digester cleaning since it is beyond normal maintenance practice and is not a normal operating expense. Digester cleaning budgeting will be accomplished in the annual capital plan process. Both parties recognize that plant upsets and unusual operations costs could be incurred by the limitations of the digester system during periods of digester cleaning. Any costs incurred by VWOS due to digester inadequacy during cleaning periods shall be the responsibility of the CITY. Section V. LIMITATIONS A Influent Characteristics Should FACILITY influent wastewater characteristics exceed FACILITY design parameters as determined by the design engineer as outlined in the Design Engineer's Memorandum dated September 12, 1990 prepared by Black & Veatch, which states: O&MAgreement 14 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 Average Annual Daily Flow Biochemical Oxygen Demand (BOD) Total Suspended Solids (TSS) 4.5 MGD 10,320 lbs. per day 10,300 lbs. per day or should influent contain abnormal, toxic or other substances which cannot be removed or treated by the existing FACILITY or contain discharges which violate the applicable sewage ordinances, VWOS does not accept responsibility for associated effluent characteristics or damages. VWOS shall advise the CITY in writing of the abnormal situation and planned course of action within 48 hours of occurrence. However, VWOS in such event agrees to return FACILITY effluent to contract limits within twenty (20) days after influent returns to acceptable limits. B City Acts Wrongful, willful or negligent acts of the CITY, through its officers, agents or employees and wrongful, willful or negligent acts of third parties, or acts of God, which cause damage to the FACILITY or to other parties or properties, shall be the responsibility of the CITY. VWOS shall not be responsible for: Wrongful, willful or negligent acts of the CITY, by its officers or employees or agents not affiliated with VWOS, and Wrongful, willful, or negligent acts of third parties not affiliated with VWOS, and Acts of God which cause damage to the FACILITY or damage or injury to other parties or properties. C Force Majuere Extraordinary or unusual occurrences associated with flood, earthquakes, fire or acts of God which increase maintenance expense, repair costs or other expense shall be the responsibility of the CITY. O&MAgreement 15 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 D Labor Conditions In the event labor stoppage by employee groups (e.g., picketing) causes a disruption with VWOS' employees from entering and working at the treatment plant FACILITY, the CITY, with VWOS' assistance or VWOS at its own option shall seek appropriate legal injunctions or court orders. During such a designated period, VWOS shall operate the FACILITY on a best-efforts basis until labor relations are normalized and shall not be liable for any fines or penalties that are imposed as a result of such disruptions. The CITY retains the right to assume responsibility for the FACILITY should a labor stoppage endanger public health and safety. E Changes in Law Changes in regulations or laws which require modification of treatment processes, addition of new or additional chemicals, or changes in staffing requirements will require modification of contract scope and may require increased payment by the City to VWOS per Attachment A, subparagraph 4. Section VI. INDUSTRIAL WASTE PROGRAM (IWP), and STORM WATER POLLUTION PREVENTION PROGRAM (STOPPP) VWOS shall use its best efforts to operate and manage the Industrial Waste Program (IWP), and the Storm Water Pollution Prevention Program (STOPPP) for the CITY. These programs shall consist of: investigating sources of unusual wastes entering the CITY's wastewater treatment plant; sewer system overflows, winterization of construction projects, creek analysis for baseline data, documentation of illicit discharge to the storm water collection system; performing field monitoring; inspection of commercial and industrial establishments; maintenance of equipment assigned to the program; sample collection and analysis, as per Attachment C; and laboratory work. All reports, monthly and annually, shall be prepared by VWOS in strict confidence and only submitted to the Director of Public Works or his designate. The Director of Public Works O&MAgreement 16 Bw•lingame Wastewater Treatment Facility Updated version dated 5-8-08 shall, at all times, be the Director of the Programs but shall make no unreasonable demands and impose no unreasonable conditions. VWOS shall pay all expenses incurred in the operation and management of the IWP, and STOPPP including wages, salaries, and consumables - such as gasoline and laboratory chemicals - and industrial waste laboratory testing by an outside laboratory. VWOS shall staff the program with qualified personnel. A 15% increase or decrease in inspection, monitoring, sampling, or testing frequency time for a 12 -month average period from the list described in Attachment C, shall be subject to the terms and conditions of Attachment A, Section D, "GENERAL PROVISION FOR ADJUSTMENTS." Section VII. ELECTRICAL PROGRAM It is the intent of the electrical program to provide a basis for all electrical costs. The program is keyed on an annualized cost per kilowatt-hour and annual total kilowatt hour consumption. Adjustments to electrical costs shall be the result of (1) changes in electrical rates by the electrical utility, (2) major additions or deletions of plant equipment, and/or (3) events outside the control of VWOS that impact overall electrical consumption. Electric cost baseline information and adjustment terms are provided in Attachment A. Adjustments to the unit cost electrical component of the compensation shall be made annually during the annual review of project indices based on a 10% increase or decrease in the kWh unit price. Should overall electrical consumption over the monitoring period increase or decrease by 10% due to circumstances outside the control of VWOS, compensation shall be adjusted accordingly. Section VIII. GENERAL PROVISIONS O&MAgreement 17 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 A Renewal This Agreement may be renewed for successive terms of five (5) years each as provided in this Section. If VWOS desires to renew this Agreement, it shall give written notice to the CITY no later than the January 1 preceding the July 1 termination date of the Agreement. If VWOS conditions the renewal of the Agreement on an increase in compensation above the price adjustment contained in Attachment A `ADJUSTMENTS TO COMPENSATION", VWOS shall include in the notice a clear statement of the increased compensation and a justification of the requested increase. Upon receipt of a written notice of renewal, the CITY and VWOS will prepare a reasonableness rate and cost report to compare the projected VWOS charges vs. wastewater charges and rates being paid by other municipalities for comparable wastewater treatment facilities in the surrounding area. The reasonableness report will be provided to the CITY no later than April 1 preceding the July 1 termination date. Any costs incurred in preparing the reasonableness report by an outside agency shall be paid by the CITY. Following receipt of the reasonableness report, the CITY may in its sole discretion determine whether to renew the Agreement on the terms offered by VWOS, negotiate a different agreement with VWOS, or take any other action that it determines appropriate. No later than June 1 preceding the July 1 termination date, CITY shall notify VWOS of its decision with regard to renewal. Should the CITY not provide this written notice, the Agreement will terminate on the July 1 termination date. If the Agreement is not renewed, VWOS shall continue to provide the current operations staff and perform services in accordance with this Agreement for one hundred eighty (180) days beyond the date of termination. During this extended period, CITY shall compensate VWOS based on VWOS' direct costs X overhead factor of 15% X 1.1 profit fee multiplier. O&MAgreement 18 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 B Termination Either party to this Agreement may terminate this Agreement upon material breach by the other party providing that such terminating party first provide written notice of such breach to the other party and such breach is not corrected within ninety (90) days. In this event, VWOS shall continue to provide the current operations staff for a period of at least one hundred eighty (180) days beyond the set date of termination. CITY shall compensate VWOS based on VWOS' [(direct costs x [15%] overhead factor) x 1.1 profit fee multiplier]. C Hold Harmless VWOS hereby agrees to, and shall hold CITY, its elective and appointive boards, officers, agents and employees, harmless from any .liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from VWOS' operations under this Agreement, whether such operations be by VWOS or by any subcontractor or subcontractors; provided, however, it is understood that this Agreement does not apply to bodily injury or property damage arising out of the discharge, dispersal, release or escape of the FACILITY effluent into or upon land, the atmosphere or any water course or body of water unless as a result of the negligence or willful or wrongful misconduct of VWOS or any subcontractor of VWOS. Except as provided for above, VWOS agrees to and shall defend CITY and its elective and appointive boards, officers, agents and employees from any suits or actions at law or in equity for damages caused or alleged to have been caused by reason of any of the aforesaid operations; provided as follows: a) That CITY does not, and shall not, waive any rights against VWOS which it may have by reason of the aforesaid hold -harmless agreement, because of the acceptance by CITY, or the deposit with CITY by VWOS of any of the O&MAgreement 19 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 insurance policies hereinbefore described in Section III -N. b) That the aforesaid hold -harmless agreement by VWOS shall apply to all damages and claims for damages of every kind suffered by reason of any of the aforesaid operations of VWOS or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages, except as provided in the second paragraph Section VIII -D. Notwithstanding anything to the contrary in this Agreement: (1) neither VWOS nor its subcontractors or vendors of any tier, nor their respective officers, directors, employees, agents or representatives, shall be liable to CITY for consequential, incidental, indirect or special damages or loss of actual or anticipated profits , cost in excess of estimated costs, or increased expenses of manufacturing relating directly or indirectly to this Agreement; (2) CITY's exclusive remedies against VWOS and its subcontractors or vendors of any tier, and their respective officers, directors, employees, agents and representatives shall be only those expressly provided in this Agreement; (3) VWOS shall name the CITY as an additional insured on the comprehensive general liability insurance required to be carried under this Agreement, using as the endorsement the attached Exhibit A, with combined single limits of liability of $2 million per occurrence and $4 million aggregate; and (4) the cumulative liability of VWOS, its insurers, its subcontractors and vendors of any tier, and their respective officers, directors, employees, agents and representatives arising from or relating in any way to the Facility (exclusive of VWOS' liability under Section 9C for reimbursement of fines and penalties)shall in no event exceed on an annual aggregate basis an amount equal to the limits of insurance required to be carried by VWOS under this Agreement, and CITY assumes any excess liability. The foregoing shall apply regardless of whether liability or remedies arise in contract, negligence, strict O&MAgreement 20 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 liability or otherwise. D. Water Quality Protection VWOS shall reimburse the CITY for those fines and civil penalties imposed by regulatory agency on CITY during the term of the AGREEMENT for violations of the CITY's NPDES Permit #CA0037788, issued on January 30, 2008, caused solely by VWOS' negligence or willful misconduct. VWOS shall be given full authority to contest such violations and CITY shall assist VWOS in all such proceedings. E. Dispute Resolution If the parties cannot agree upon the respective liabilities of the parties, either party shall notify the other that such a disagreement exists. Within ten (10) days after receipt of such notice, each party shall appoint an arbitrator. Within twenty (20) days after those arbitrators are named, they shall appoint a third arbitrator. The three arbitrators shall forthwith meet and determine the respective liabilities of the parties. Arbitration shall be conducted according to the rules of the American Arbitration Association, Construction Industries Section. The laws of the State of California regarding arbitration, insofar as applicable, shall govern any arbitration under this paragraph. The arbitrators may examine evidence and witnesses. The decision of at least two of the three arbitrators shall be final and binding upon the parties hereto. The decision of the arbitrators shall be in writing; and immediately upon its completion, one copy shall be transmitted to the CITY and one copy to VWOS. F. Fire Insurance CITY shall purchase and maintain standard fire insurance policies, including extended coverage to the full insurable value of the FACILITY; and VWOS shall be named as an additional insured under these policies during the life of this contract; and VWOS shall have no liability to CITY with respect to loss, damage or O&MAgreement 21 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 destruction covered by such policies. The City may also elect to provide all or part of such coverage through self-insurance or coverage provided by an insurance pool. G. City Financial Review VWOS agrees to make its books and records relative to the operation of the FACILITY available for inspection by CITY, its designated agent, or designated independent accountant for the specific purpose of determining the validity of any requested increase for compensation and for the general purpose of ascertaining compliance with the provisions of this Agreement. Such inspections shall be made during normal business hours. H.VWOS Capital Any capital equipment provided by VWOS during the term of this Agreement shall remain the property of VWOS. In the event VWOS sells such equipment, the CITY shall have first option to purchase. I.VWOS Independent Contractor It is understood that the relationship of VWOS to the CITY is 'that of an independent contractor and that none of the employees or agents of VWOS shall be considered employees of the CITY. J.Waiver of Rights The failure on the part of either party to enforce its rights as to any provision of the Agreement shall not be construed as a waiver of its rights to enforce such provision in the future. K. Assignment This Agreement shall not be assigned by either party without the prior written consent of the other unless such assignment shall be to an affiliate or successor of either party. O&MAgreement 22 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 L. Equal Opportunity Employment VWOS warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. VWOS does not and shall not discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. In performing services under this Agreement, VWOS shall not discriminate against any permit holder or persons receiving or seeking service on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition. M. Agreement Limits This Agreement contains the entire Agreement between the CITY and VWOS and supersedes all previous or contemporaneous communications, representations or agreements. This Agreement may be modified only by written amendment signed by both parties. N. City Access CITY public works staff shall have access to the FACILITY covered by this Agreement at all times, but shall be required to first sign in at the FACILITY main office. O. Notices All notices shall be in writing and delivered in person or transmitted by certified mail, return receipt requested, postage prepaid. Notices required to be given to VWOS shall be addressed as follows: President Veolia West Operating Services, Inc. O&MAgreement 23 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 2300 Contra Costa Blvd. Suite 350 Pleasant Hill, CA 94523 Notices required to be given to the CITY shall be addressed as follows: CITY MANAGER City Hall 501 Primrose Road Burlingame, CA 94010 or to such other address as may be specified in written notice. IN WITNESS WHEREOF, the CITY and VWOS have caused this Agreement to be duly executed as of the day and year first above written. CITY OF BURLINGAME VEOLIA WEST OPERATING SERVICES, INC. By1'P'N rY MANAGER ATTEST:, O&MAgreement Burlingame Wastewater Treatment Facility By Uv 24 Updated version dated 5-8-08 ATTACHMENT A ADJUSTMENTS TO COMPENSATION A. Adjustments to Compensation From commencement of the contract until the contract expires, compensation shall increase accordingly. It is the objective of this contract to minimize such adjustments. Examples of items that trigger contract adjustments are as follows: • Annual - Consumer Price Index (CPI -W) for all costs other than electricity. • Periodic - Electricity based on an increase or decrease of loo in the 12 month average unit cost and/or the 12 month consumption of electricity in kilowatt hours. • Periodic - An increase or decrease of more than 10% in 12 month averages for flow and loading • Periodic - An increase or decrease of more than 10% in Biosolids and Grit and Screenings wet ton per year volumes and/or cost required for disposal. • Periodic - Other factors such as changes in regulatory requirements, approved VWOS turnkey project improvements, etc. The annual CPI adjustment shall be implemented on July 1 of each year based on the change in CPI from February 28 of the current year and February 28 of the previous year. All periodic adjustments shall be discussed during the annual meeting held prior to March 1 of each contract year. All adjustments shall be made retroactive to the date that the adjustment exceeded the upper or lower trigger values. Suitable substantiating information shall be provided by VWOS to demonstrate the need for the adjustment. Adjustments shall be based on cost exclusive of the annual changes in CPI and shall be billed or credited to the CITY by May 1 of that year. -O&MAgreement A-1 Burlingame Wastewater Treatment Plant Updated version dated 5-8-08 B. Annual Adjustments - CPI -W Compensation shall be increased or decreased annually according to the following U.S. Department of Labor, Bureau of Labor Statistics (B.L.S.) index: Consumer Price Index (CPI -W) (San Francisco -Oakland -San Jose, 1982-84 = 100). The first increase or decrease in compensation shall be effective July 1, 2008 and shall be based on the sum total percentage change in the above mentioned indices between February 28, 2007 and February 28, 2008. Each subsequent increase or decrease in compensation shall be effective each July 1 and shall be based on the prior February 28 to February 28 change in the BLS indices. Should the BLS index change the method and manner of the CPI -W then both parties agree to develop a new compensation standard, which equitably adjusts the annual compensation. The percentage increase or decrease in service compensation to be calculated annually shall be the weighted percentage change in the CPI -W. WEIGHT INDEX CHANGE I IWEIGHTED% CHANGE (% Change in CPI -W 0.856 x San Francisco -Oakland- = WT. o CHANGE San Jose 1982-84 = 100) NOTE: Weighted factor is based on the percentage of overall basic compensation contract costs exclusive of electricity. C. Periodic Adjustments 1) Electricity Compensation shall be increased or decreased for utility rate changes and/or overall electrical consumption. Adjustments to the unit cost electrical component of the compensation shall be made annually -O&MAgreement A-2 Burlingame Wastewater Treatment Plant Updated version dated 5-8-08 during the annual review of project indices—based on a 10% increase or decrease in the annualized kilowatt-hour unit price. Should overall electrical consumption over the monitoring period increase or decrease by loo due to circumstances outside the control of VWOS, compensation shall be adjusted accordingly. Adjustments shall be made retroactive to the date that the cost impact of the change was documented by electric bills. Initial baseline values for electrical unit cost and overall electrical consumption are as follows: $0.1394 Per kilowatt-hour 7,000 kilowatt-hours per day 2) Flow and Loading The Annual Fee for services under this AGREEMENT is based upon the following Project characteristics: Flow 3.9 mgd BODS 10,900 #/day TSS 9,800#/day Any annualized (12 month average) increase or decrease of 10o in flow, BOD loading or SS loading shall give either party the option to renegotiate service compensation upon 30 days written notification to the other party. All compensation adjustments shall be retroactive to the beginning of such 12 month period. BOD loading and SS loading for the purpose of this contract shall be calculated as follows: Monthly BODS Loading = (monthly average of daily (lbs/day) plant influent BODS in mg/1) x (monthly average influent flow in million gallons per day) x (8.34 lbs/gallon) -O&MAgreement A-3 Burlingame Wastewater Treatment Plant Updated version dated 5-8-08 Monthly Suspended Solids Loading (lbs/day) 3) Residuals Disposal (monthly average of daily plant influent suspended solids in mg/1) x (monthly average influent flow in million gallons per day) x (8.34 lbs/gallon) Residuals disposal which includes screenings, grease, grit, and biosolids shall be the responsibility of VWOS. The current baseline conditions for these residual amounts are: BioSolids 5,000 Wet Ton/Year and per ton cost of $39.81, Grit and Screenings 145 Wet Ton/Year per year and net per ton cost of $114.00. 4) General Provision for Adjustments In the event that any changes in the scope of operation for the FACILITY should occur (other than those discussed elsewhere in this Attachment), including but not limited to changes in flow or loadings, changes in governmental regulations, reporting requirements, and effluent standards which increase the cost of operating the FACILITY, or additions of turnkey capital or maintenance equipment by VWOS to the City, VWOS shall be entitled .to additional compensation which would include reasonable amounts for overhead and profit. Such additional compensation will be: (1) negotiated by the parties within a reasonable period of time or, if no negotiated agreement can be achieved, (2) set as a compensation adjustment of [(direct costs x VWOS 15% overhead factor) x 1.1 profit fee multiplier]. D. General Facility Maintenance Payments The general Facility Maintenance fund encompasses a wide range of smaller repair and maintenance purchases made during the year. The contractually approved CPI -W for the San Francisco -Oakland -San Jose Bay Area is applied to the General Facility Maintenance fund for an annual increase/decrease depending on the results of -O&MAgreement A-4 Burlingame Wastewater Treatment Plant Updated version dated 5-8-08 the February B.L.S. index. monthly invoice to the City Maintenance Expenditures. show the actual expense with for profit. E. Capital Outlay Payments VWOS shall provide a for all General Facility The invoice amounts will 15% for overhead and 10% The City agrees to maintain throughout the contract year the maintenance plan funds which were approved on or before June 30th. VWOS shall complete these repairs as required in a timely fashion. It is agreed that as these maintenance projects from the maintenance plan are completed, VWOS shall provide a monthly invoice to the City for all maintenance plan expenditures. The invoice amounts will show the actual expense with 15% for overhead and 10% for profit. F. Capital Improvement Payments The City agrees to maintain throughout the contract year the Capital Improvement plan funds which were approved on or before June 30th. VWOS shall complete these repairs as required in a timely fashion. It is agreed that as these projects from the Capital Improvement plan are completed, VWOS shall provide a monthly invoice to the City for all Capital Improvement plan expenditures. The invoice amounts will show the actual expense with 5% for overhead and 8% for profit. Capital Improvement plan items shall exceed the Capital Outlay dollar limit of $50,000 and/or extend equipment life span. The CITY and VWOS will review the overhead and profit percentages for Capital Improvement work with respect to reasonableness during the annual review meeting held in March. -O&MAgreement A-5 Burlingame Wastewater Treatment Plant Updated version dated 5-8-08 ATTACHMENT B LIST OF VEHICLES AND EQUIPMENT (i) Treatment Plant • ISCO Sampler: Model No. 3710 -FR Serial No. 200M00528 • ISCO Sampler: Model No. 3710 -FR Serial No. 202A01505 • ISCO Sampler: Model No. 2900 Serial No. 197L01654 • ISCO Sampler: Model No. 3700 Serial No. 196L00588 • ISCO Sampler: Model No. 3700FR Serial No. 09279249 • ISCO Sampler: Model No. 3700 Serial No. 82979291 • ISCO Sampler: Model No. 3710 Serial No. 196L00588 Backup Head (no case) • 2000 Ford Van - License #10127674 VIN #1FTRE14L8YHA35109 • 2003 Ford Pickup License #1127674 VIN #1FTYRl0E03PA32064 • 1981 Peterbilt tractor - License E062842 • 2006 Equipment Trailer - License 4HP9000 VIN #5NHUEX2196T605219 • Forklift Model No. 42-SFG25 Serial No. 42-SFG20-25 O&MAgreement B-1 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 Laboratory Equipment • Satorius Analytical Balance, BP 2105, SN: 60108259 • Coliform Incubator IC -62 Scientific products • BOD (Biological Incubator) by Hot Pack • Blue M -Fecal Coliform H2O Bath, Model: Magni-Whirl • VWR Drying Oven, Model: 1350F • Market -Forge Autoclave (for Sterilization) • Thermolyne 6000 Furnace • Hach 2100N Turbidimeter • MicroMaster Microscope -Fisher Scientific • Orion 4 -Star pH/Conductivity Meter • Ohaus CT200 Media Balance • IEC Clinical Centrifuge, SN: 428-25052 • Corning Stirrer/Hotplate • Fisher Scientific AutoMixer (Stirrer) • Tek Plate 20 (Hot Plate) • Ohaus Explorer Balance • Aquafine UV Disinfection Unit • YSI DO Meter, Model 5000 • Ohaus Triple Beam Balance 700 series • Hach Odyssey Spectrophotometer, SN: 020600003167 • Bioassay custom built skid (4`h edition) • MasterFlex peristaltic bioassay feed pump, SN: L02006173 • Kenmore (4°C Refrigerator) SN: 83675403 O&MAgreement Burlingame Wastewater Treatment Facility lim Updated version dated 5-8-08 • Labconco Flask Scrubber (Steam Dishwasher) • YSI DO Meter, Model 550A, SN: 05D2489 AE • Orion pH Meter, Model 210A, SN: 017398 • Orion Conductivity Meter, Model 126, SN: 290536 • YSI DO Meter, Model 59, SN: 90L022078 • Orion pH Meter, Model 230A, SN: 0133 • Troemner Analytical Weights, SN: 11255 O&MAgreement B-3 Burlingame Wastewater Treatment Facility Updated version dated 5-8-08 ATTACHMENT C INDUSTRIAL WASTE PROGRAM In accordance with CITY Ordinance Number 1572, VWOS shall manage the Industrial Waste Program and shall be responsible for compliance inspection, permitting, sampling, and follow-up as required. The number of industries covered under this program, as of the January 1, 2008 staff report is: Industry Type Number in Category Light 86 Moderate 23 Heavy 14 Non -Conventional/ Groundwater 3 SIU 0 TOTAL 126 VWOS shall be responsible for all routine testing for the above industries. However, it is anticipated that additional retesting beyond that normally required will be necessary. In such circumstances, VWOS shall invoice the CITY for actual cost of these tests. O&MAgreement C-1 Burlingame Wastewater Treatment Plant Version 5.0 03-24-08 Reference Material A-1 ROLLING FIVE YEAR CAPITAL OUTLAY PLAN O&MAgreement A-1 Burlingame Wastewater Treatment Plant ch O O O O N O O TO O Ld N fR V} N O O O O O O O O O O O O C O O O � O Y] N 0 M �O OO N fPr V3 V! Vl fPr fR fR fA 0 0 o a o 0 0 0 0 0 0 0 0 m u� m O N N fPr V3 fA fR EA O O O 0 O o O 0 O O O O O O O O) O �O (D (0 O O N Hf H} b4 fR fPr YT 64 rn Q O O O O o m O LO N Lr)N N O N H3 H! 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