Contract - National Plant Services - 2014-10-23 ADDENDUM NO. 4 TO
AGREEMENT FOR SEWER MAIN MAINTENANCE
CLEANING AND RELATED SERVICES
SERVICES FOR 2014-2015 (5TH YEAR)
This Addendum to Agreement is made this ,Z day of O('DT3Q,K, , 2014, by
and between the Costa Mesa Sanitary District, a sanitary district established pursuant to
Health and Safety Code Section 6400 et seq., ("District") and National Plant Services,
Inc. ("Contractor") with reference to the following facts:
RECITALS
WHEREAS, District and Contractor entered into an agreement in December
2010 ("Agreement"), providing for Contractor to perform regular line cleaning
maintenance and emergency response; and
WHEREAS, said Agreement provided for an initial term of three (3) years and
contained an option to extend the agreement for two (2) additional one-year terms; and
WHEREAS, District and Contractor entered into Addendum No. 1 on March 22,
2012, for the second year of services for the 2011-2012 fiscal year, and entered into
Addendum No. 2 on November 15, 2012 for the third year of services for the 2012-2013
fiscal year, and entered into Addendum No. 3 on October 24, 2013 for the fourth year of
services for the 2013-2014 fiscal year; and
WHEREAS, in the 2012-2013 Addendum No. 2, District and Contractor agreed to
extend the original term of the original agreement the Additional Term of two years
(fiscal year 2013-2014 and fiscal year 2014-2015) provided in paragraph three of the
December 2010 original agreement. Said Additional Term of 2 years added to the
three-year original term results in a total term of five (5) years; and
WHEREAS, the parties are preparing to enter into the fifth year of services under
the Agreement, and Contractor and District desire to alter several terms of the
Agreement; and
NOW, THEREFORE, Contractor agrees to perform fifth-year sewer main
maintenance cleaning in accordance with the original Agreement dated December 2010
between District and Contractor and also in accordance with this Addendum No. 4 to
that Agreement:
AGREEMENT
1. Continuity in Footage Counting. District and Contractor recognize that
industry standard practice for videoing sewer mains has been revised from setting the
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counter at zero feet at the center of the sewer manhole to setting the counter to zero
feet at the beginning of the sewer main outside the manhole. Contractor shall use this
convention for all televising inside the District.
2. Contractor to Perform Limited Root Cutting. District and Contractor
recognize that true "root cutting" is a separate activity from "maintenance cleaning"
where debris and accumulations are removed. Contractor agrees to use the following
cleaning procedure, which will serve to remove a limited amount of roots.
Contractor will continue using a warthog nozzle in conjunction with a skid for the
two pass cleaning. Should District desire Contractor to perform root cutting, Contractor
will use a hydraulic root cutter through the segment for the second pass. The additional
compensation paid to Contractor for this service will be $0.40 per linear foot. All roots
and debris will be captured and removed from the line after each segment is cleaned
(whether or not root cutting is performed) and no debris will be allowed to travel past the
downstream manhole.
3. New One-Year Cycle. Beginning with the current 2014-2015 fiscal year,
District desires to clean the entire system on a yearly basis rather than previous two-
year and three-year cycles as yearly cleaning provides the best opportunity to reduce
sanitary sewer overflows (SSOs.) An estimate of the footages to be cleaned is shown
below and billing will be based on actual footages cleaned and compensated at the per
foot prices shown in the prior year and adjusted by the current CPI as shown in this
addendum.
4. Shared Cleaning and Extension of Term. District and Contractor
recognize the original December 2010 Agreement contemplated District someday
performing sewer cleaning. In that regard, District has purchased a Vac Con sewer-
cleaning vehicle (vactor) and District crews are prepared to perform sewer cleaning
during the 2014-2015 fiscal year similar to the prior fiscal year.
District and Contractor agree to each clean the footages shown below.
Should District for any reason decide not to clean a portion or all of its share, Contractor
agrees to clean said lines upon written request from District and to have all lines
designated to Contractor cleaned no later than June 30, 2015 in order for District to
maintain the schedule outlined in District's Sewer System Management Plan (SSMP).
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CMSD 1 I NPS
Pipe Pipe
Size Footage Size Footage
6 359 6 475
8 464,314 8 564,299
10 14,058 10 33,100
12 9,578 12 25,635
15 6,904 15 32,047
18 5,072 18 18,865
24 1,899 21 10,220
Total 502,183 24 666
30 102
Total 685,409
5. Plugging and Sealing Manhole Covers. In prior years, Contractor re-
plugged and re-sealed any sewer manhole removed for access to the sewer mains. In
the current 2014-2015 fiscal year, CMSD crews will be responsible for re-plugging and
re-sealing. However, the updated unit cost is shown in the attachment in the event
District desires Contractor to provide said service.
6. CPI Adjustment. Prices shown in Year 3 shall be adjusted for Year 4 in
accordance with the original Agreement that states:
Compensation. The District will be charged the per linear foot
prices as shown in Exhibit "A" for maintenance cleaning services. The
Contractor may request in writing an annual fee adjustment equal to the
Consumer Price Index (CPI) for the Los Angeles-Riverside-Orange
County Metropolitan Area published by the U.S. Department of Labor,
Bureau of Labor Statistics for a twelve month period (March to March),
effective January 1, 20 and for each consecutive year of the
Agreement. The District will have discretion to approve or deny
Contractor's request for an annual fee adjustment.
Pursuant to Contractor's written request for said adjustment, the change from the
March 2013 index of 709.051 to the March 2014 index of 716.425 is 1.04% percent, and
Contractor is allowed this adjustment. Contractor shall also provide an updated rate
sheet of related services, including closed circuit television (CCTV), emergency
response, root cutting, etc.
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7. Manpower and Equipment Assigned to District Work. Contractor may
continue the practice of assigning two cleaning crews to District work.
8. Daily Footage. The original Agreement states:
Contractor shall set as its goal 4,500-7,000 feet per day for maintenance
cleaning. Contractor recognizes that footages substantially above this
level result in less effective cleaning.
Contractor is encouraged to maintain footages closer to the lower goal in order to
maximize cleaning efficiencies.
9. Original Agreement to Remain in Effect. Except as modified by this
Addendum No. 4 and previous addenda, the December 2010 Agreement between
District and Contractor shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Addendum No. 4
to be executed the day and year first above written.
COSTA MESA SANITARY DISTRICT NATIONAL PLANT SERVICES, INC.
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T 'ary Typed Name
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APPROVED AS TO FORM:
District Counsel
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