Contract - Environmental Engineering & Contracting - 2017-08-24 FIFTH AMENDMENT TO AGREEMENT
BETWEEN COSTA MESA SANITARY DISTRICT AND
EEC ENVIRONMENTAL FOR CONSULTANT SERVICES
GIS/CMMS
FIFTH AMENDMENT to Agreement between the Costa Mesa Sanitary District
("DISTRICT") and EEC Environmental ("CONSULTANT") for GIS and CMMS Consulting
Services is made and entered into this 42¢ day of eitt (JT— , 2017.
WITNESSETH:
WHEREAS, on October 26, 2009, the DISTRICT and CONSULTANT entered into an
agreement for developing and implementing a Geographical Information System (GIS) and a
Computerized Maintenance Management System (CMMS); and
WHEREAS, on November 30, 2011, the DISTRICT and CONSULTANT executed the
First Amendment to Agreement for operation and utilization services and for GIS Alignment to
Centerline; and
WHEREAS, on August 20, 2012, the DISTRICT and CONSULTANT executed the
Second Amendment to Agreement to continue providing operation and utilization services for
another year; and
WHEREAS, on July 31, 2013, the DISTRICT and CONSULTANT executed the Third
Amendment to Agreement to continue providing operation and utilization services for another
year; and
WHEREAS, on October 22, 2015, the DISTRICT and CONSULTANT executed the
Fourth Amendment to Agreement to continue providing operation and utilization services for
another year; and
WHEREAS, the DISTRICT desires the CONSULTANT to continue providing support
services and CONSULTANT has submitted a proposal and cost estimate for said services,
which is attached hereto as Exhibit"A"; and
WHEREAS, the DISTRICT desires the CONSULTANT to develop an Asset
Management Database Program scan and link the database to the GIS and CONSULTANT has
submitted a proposal and cost estimate for said services, which is attached hereto as Exhibit
"B"; and
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WHEREAS, on September 17, 2015 the DISTRICT determined CONSULTANT'S
support services is in the best interest of the DISTRICT and therefore waived bidding
procedures in accordance with DISTRICT Operations Code Section 4.04.120(f).
NOW, THEREFORE, the parties hereto agree as follows:
1. The AGREEMENT is hereby extended for an additional two years expiring on
June 30, 2019
2. Section 5, subsection a in the AGREEMENT shall be amended by increasing
payment due thereafter to compensate for continuing providing GIS/CMMS support services
and scanning and an asset management database program to the GIS as identified in
CONSULTANT'S proposals (Exhibits "A" &"B").
3. The DISTRICT agrees to pay CONSULTANT the sum of $45,000 per fiscal year
(ending June 30, 2018 and June 30, 2019) for GIS/CMMS support services and $14,625 for
creating an asset management database program and linking it to the DISTRICT'S GIS.
4. Except for the extension of the term of the AGREEMENT provided for herein, all
provisions of the AGREEMENT shall remain in full force and effect. In the event of ambiguity,
this Amendment shall be supplemental to the Agreement. The Agreement, as amended, shall
specifically control over CONSULTANT's Standard Terms and Conditions, attached to its
proposal.
IN WITNESS WHEREOF, the parties hereto have caused the Fifth Amendment to be
executed this day and year first above written.
COSTA MESA SANITARY DISTRICT EEC, INC
_ i
Mike 'cheafer, Presi rent John Shaffer, President
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Arlene Schafer, Secretary
ATTEST: APPROVED TO FORM:
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II istri t Cle District Counsel
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WHEREAS, on September 17, 2015 the DISTRICT determined CONSULTANT'S
support services is in the best interest of the DISTRICT and therefore waived bidding
procedures in accordance with DISTRICT Operations Code Section 4.04.120(f).
NOW,THEREFORE, the parties hereto agree as follows:
1. The AGREEMENT is hereby extended for an additional two years expiring on
June 30, 2019
2. Section 5, subsection a in the AGREEMENT shall be amended by increasing
payment due thereafter to compensate for continuing providing GIS/CMMS support services
and scanning and an asset management database program to the GIS as identified in
CONSULTANT'S proposals (Exhibits"A" &"B").
3. The DISTRICT agrees to pay CONSULTANT the sum of$45,000 per fiscal year
(ending June 30, 2018 and June 30, 2019) for GIS/CMMS support services and $14,625 for
creating an asset management database program and linking it to the DISTRICT'S GIS.
4. Except for the extension of the term of the AGREEMENT provided for herein, all
provisions of the AGREEMENT shall remain in full force and effect. In the event of ambiguity,
this Amendment shall be supplemental to the Agreement. The Agreement, as amended, shall
specifically control over CONSULTANT's Standard Terms and Conditions, attached to its
proposal.
IN WITNESS WHEREOF, the parties hereto have caused the Fifth Amendment to be
executed this day and year first above written.
COSTA MESA SANITARY DISTRICT EEC, INC
Ale/
Mike 'cheafer, Presi rent John gaffer, President
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Arlene Schafer, Secretary
ATTEST: APPROVED TO FORM:
Adz A
a istri t Cle, V District Counsel
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