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HomeMy WebLinkAboutWest Bay Sanitary District (5)THIRD AMENDMENT TO MAINTENANCE SERVICES AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND WEST BAY SANITARY DISTRICT FOR OPERATION AND MAINTENANCE OF LOS ALTOS HILLS SANITARY. SEWER SYSTEM This Third Amendment ("Amendment") by and between the Town of Los Altos Hills ("TOWN") and West Bay Sanitary District ("West Bay") is dated for references purposes as of April 16, 2021, with reference to the following facts: RECITALS WHEREAS, on August 1, 2014, TOWN and West Bay entered into an agreement entitled "Maintenance Services Agreement Between the Town of Los Altos Hills and West Bay Sanitary District for Opertaion and Maintenance of Los Altos Hills Sanitary Sewer System", ("Agreement"); and WHEREAS, on August 1, 2015, TOWN and West Bay extended the term of the Agreement through an amendment entitled "Amendment to Maintenance Services Agreement Between the Town of Los Altos Hills and West Bay Sanitary District for Opertaion and Maintenance of Los Altos Hills Sanitary Sewer System", ("First Amendment"); and WHEREAS, on July 19, 2018, TOWN and West Bay agreed to modify the scope of work and extend the term of the Agreement through an amendment entitled "Second Amendment to Maintenance Services Agreement Between the Town of Los Altos Hills and West Bay Sanitary District for Opertaion and Maintenance of Los Altos Hills Sanitary Sewer System", ("Second Amendment"); and WHEREAS, both parties desire to amend the Agreement to adjust the amount of compensation and extend the term of the Agreement. NOW THEREFORE, In consideration of the covenants, conditions and promises hereinafter contained, to be kept and performed by the parties hereto, TOWN and West Bay hereby agree that the following "sections" of the aforesaid agreement dated August 1, 2014, as modified by the First and Second Amendments, are amended to read as follows: 1. Revision to Section 1(with additions in italics and deletions in strikethrsu-1k1 Section 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on July 31, 2021 July 31, 2022; the date of completion specified in Exhibit A (as modified by this Amendmentpursuant to Section 3 below), and Contractor shall complete the work descrbied in Exhibit A (as modified by this Amendmentpursuant to Section 3 below) prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8 of the Agreement. The time provided to Contractor to complete the services required by this Agreement shall not affect the Town's right to terminate the Agreement, as provided for in Section 8 of the Agreement. -1- 2. Revision to the first paragraph of Section 2 (with additions in italics and deletions in strikethintMW Section 2. COMPENSATION. Town hereby agrees to pay Contractor a sum not to exceed $1,489,556 delltrs) $550,000 (five hundred and fifty thousand dollars) based on the scope of services and pricer set forth in Exhibit A (as modified by this Amendment prusuant to Section 3 below), notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor's proposal, attached as Exhibit A (as modified by this Amendment pursuant to Section 3 below), regarding the amount of compensation, the Agreement shall prevail. Town shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified bele w herein shall be the only payments from Town to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to Town in the manner specified herein. Except as specifically authorized by Town, Contractor shall not bill Town for duplicate services performed by more than one person. 3. Replacement of Exhibit A Existing Exhibit A to the Agreement, as amended by the First and Second .Amendments, shall be replaced, in its entirety, with the attached Exhibit A entitled "Price Schedule 2021-2022" and incorporated herein. 4. General Provisions A. This Amendment 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 Amendment and any term of provision of the Agreement, the term or provision of this Amendment shall govern. E. This Amendment 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 Amendment may be executed by electronic means and in one or more counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one agreement. [Signatures on the following page] -2- IN WITNESS WHEREOF, this Amendment has been executed as of the date set forth above. WEST BAY SANITARY DISTRICT APPROVED AS TO FORM AND LEGALITY: District Counsel AGREED: District Manager 3723840.1 -3- TOWN OF LOS ALTOS HILLS APPROVED AS TO FORM AND LEGALITY: City Attorney AGREED: City Ma ager EXHIBIT A PRICE SCHEDULE 2021-2022 Task J� Description Cc per Year Pump Station Maintenance. West Bay will continue to maintain the Town's two pump stations following the schedule outlined in the original RFP, and 1 will also provide 24-hour emergency response. $ 2,073.72 month 12 $ 24,885 Pump station maintenance includes wet well cleaning twice annually and degreaser application as needed. Preventative Maintenance Cleaning. West Bay will clean up to 69,023 feet of 2 mainline pipe every year for three years. This does not include the feet of $ 1.47 If 69,023 $ 101,287 mainline pipe cleaned in the High Frequency Schedule. High Frequency PM Cleaning. West Bay will clean up to 89,000 feet of 3 mainline pipe. This is in addition to the regular Preventative Maintenance $ 1.47 If 89,000 $ 130,602 Cleaning performed each year. CCN Pipeline Inspection. West Bay will complete CCTV inspection of 4 approximately 49,345 each year on a 6 year cycle, using NASSCO PACP $ 1.93 If 49,345 $ 95,277 standards. Defects and other collection information will be included in the CMMS. Response to Category 2 and 3 Sanitary Sewer Overflows. West Bay will follow the Town's SSMP and OERP in respondingto and conducting initial reporting of SSOs. The Town will serve as the LRO. The Town's SSMP will closely follow the West Bay SSMP, which requires response within 60 minutes from notification. Followingthe SSO, and subsequent CCTV inspection, West Bay will make recommendations as to follow-up actions, 5 including identifying issues related to lateral connections. We consider SSO $ 1,808.37 each 3 $ 5,425 Avoidance and Response as the most critical components of our operating strategy, and are well trained to address SSOs of all sizes, at any time, as described further in the original proposal. This item proposes a "per-SSO' approach. West Bay agrees to complete SSO response at no cost to the Town if the SSO in question resulted from inadequate cleaning by West Bay up to six months prior to the SSO. Response to Category 1 SSOs. West Bay will provide SSO response as 6 described in Item 5. This will include appropriate creek mitigation when $ 2,886.33 2 $ 5,773 necessary for first 4 hours. ($650 for every hour thereafter.) If a technical each report is required an additional $1,800 charge will apply. SSO Response for Private Laterals. West Bay will respond to SSOs related to 7 private laterals, including determining ownership, notifying the owner of the $ 385.06 5 $ 1,925 issue, providing the owner with the Town's 850 response plan, and entering each information into CMMS. CCN Inspection Quality Control - West Bay will randomly select two line 8 segments per month which have been cleaned in the prior month to verify $ 592.49 each 24 $ 14,220 the quality of the cleaning. GIS and CMMS Updates. West Bay will continue to update the Town's GIS and CMMS files in a efficient and useful manner as determined by West Bay. The Town will continue to have limited online access to the database. West 9 Bay will integrate new line attribute data into the maps on a monthly basis, $ 155.57 hour 240 $ 37,337 and will update the network configuration on a quarterly basis or as -needed. This work is anticipated to include approximately 10 hours per month and no more than 120 hours per year unless authorized by the Town. 10 Monthly Management Report. West Bay will continue to provide monthly $ 586.97 12 $ 7,044 O&M reports to the Town in the format that is currently in use. month Subtotal Tasks 1 through 10 $ 423,775 Pump Station Unscheduled Repairs. West Bay wi II perform unscheduled repairs to pump stations as needed. Time and Material will be charged for this service. Pump Supervisor $106 per hour/ $136 per hour at overtime rate. Optional 1 Pump Station Mechanic $61 per hour/ $104 per hour at overtime rate. $ 525.30 each (Estimated price based on one 4 hour call using Pump Supervisor and Pump Mechanic at regular labor rate only excluding material/parts.) Tasks lasting more than 4 hours in duration will require approval by Town representative. Unscheduled Cleaning. Clean up to 7,200 feet of mainline pipe. This is in addition to the regular Preventative Maintenance and High Frequency Optional Cleaning. Unscheduled Cleaning is line cleaning required for proper CCTV $ 1.47 If inspection or upon the Town's request. This charge will not applyto CCTV if the line segment has been cleaned within 6 months. High Frequency PM CCN Assessment: West Bay will CCTV inpect 22,250 feet Optional of pipe in orderto reassess their preventative maintenance frequency using $ 2.67 If Overtime. Once the CCTV inspections are performed we will reduce the high frequency list. This CCTV includes a cleaning if necessary. High Frequency PM CCN Assessment OVERTIME (O.T.): West Bay will CCTV Optional inpect 22,250 feet of pipe in orderto reassess their preventative $ 2.57 If maintenance frequency. Once the CCTV inspections are performed we will reduce the high frequency list. This CCTV includes a cleaning if necessary. Optional Pass-through contractwith Duke's for rootfoaming. Assumes half of the $ 1.15 If pipes within 1/3 of service area require treatment annually. Optional6 Pipe Patch Repairs. West Baywill perform upto 12 PipePatch repairs as $ 1,696.93 each requested by the Town. Additional Work Rates: RCC $123 Hr/ $156 O.T., PS Super $106 hr/ 136 O.T., PS Mech.$81 hr./$104 O.T., Field Supervisor $91 hr./$117 O.T., Optional Maintenance Tech $61 hr. / $104 O.T., Maintenance Worker $71 hr. / $91 O.T. Audits: West Bay will perform a 2 year Audit of the effectiveness of the SSMP and recommend revisions, if needed, in year 2020= $1,500. West Bay Optional will secure consultantfor an independent 5-year Audit as required by GWDR 2006-003 in year 2019 at cost plus 10% (estimated at $15,000 for 5-year audit).