19-0614_IWATER, INC._Amd No. 2 to Maintenance Services Agreement AMENDMENT NO. 2
TO THE MAINTENANCE SERVICES AGREEMENT
FOR
VALVE AND FIRE HYDRANT MAINTENANCE SERVICES
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
iWATER, INC.
1. Parties and Date.
This Amendment No. 2 to the Valve an Fire Hydrant Maintenance Services
Agreement is made and entered into as of this 14- day of i(AY , 2019, by and
between the City of San Juan Capistrano, a municipal organization organized under the
laws of the State of California with its principal place of business at 32400 Paseo Adelanto,
San Juan Capistrano, California 92675 ("City") and iWater, Inc., a Corporation with its
principal place of business at 12 Goodyear, Suite 130, Irvine CA 92618 ("Contractor"). City
and Consultant are sometimes individually referred to as "Party" and collectively as
"Parties."
2. Recitals.
2.1 Contractor. The City and Contractor have entered into an agreement entitled
"Maintenance Services Agreement for Valve and Fire Hydrant Maintenance Services"
dated December 6, 2016 ("Agreement"), for the purpose of retaining the services of
Contractor to provide valve maintenance and exercising services and fire hydrant
maintenance and exercising services.
2.2 Amendment Purpose. The City and Contractor desire to amend the
Agreement to extend the term of the Agreement, and increase the not-to-exceed
compensation amount. The Parties have heretofore entered into that Amendment No.1
dated August 21, 2018.
2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to
Section 3.5.9 of the Agreement.
3. Terms.
3.1 Amendment. Exhibit "B" to the Agreement is hereby deleted and replaced
with new Exhibit "B", which is attached hereto and incorporated herein by this reference.
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3.2 Amendment. Section 3.1.2 of the Agreement is hereby amended in its
entirety to read as follows:
3.1.2 Term. The term of this Agreement shall begin on the signature date of
the Agreement, and shall be for a three year and six month period ending
June 30, 2020. This Agreement shall terminate on June 30, 2020.
3.3 Amendment. Section 3.3.1 of the Agreement is hereby amended in its
entirety to read as follows:
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at
the rates set forth in Exhibit "B" attached hereto and incorporated herein by
• reference. The total compensation in fiscal year ending June 30, 2020 shall
not exceed the amount of One Hundred Seventy Seven Thousand, Five
Hundred Sixty Three Dollars ($177,563) without written approval of City. The
total compensation in each fiscal year thereafter from July 1 to June 30, shall
not exceed the bid multiplied by the inflation rate of the consumer price index
between the base time of October 1, 2016, and the beginning (July 1) of the
fiscal year going forward. Such change will be formalized by addenda to this
contract each year. Extra Work may be authorized, as described below, and
if authorized, will be compensated at the rates and manner set forth in this
Agreement.
3.4 Continuing Effect of Agreement. Except as amended by this Amendment No.
2, all other provisions of the Agreement remain in full force and effect and shall govern the
actions of the parties under this Amendment No. 2. From and after the date of this
Amendment No. 2, whenever the term "Agreement" appears in the Agreement, it shall
mean the Agreement as amended by this Amendment No. 2.
3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree
that they have each received adequate and independent consideration for the performance
of the obligations they have undertaken pursuant to this Amendment No. 2.
3.6 Severability. If any portion of this Amendment No. 2 is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.7 Counterparts. This Amendment No. 2 may be signed in counterparts, each of
which shall constitute an original.
[Signatures on Next Page]
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61147.02100\32116067.1
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE
MAINTENANCE SERVICES AGREEMENT
FOR VALVE AND FIRE HYDRANT MAINTENANCE SERVICES
BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND
(WATER, INC.
CITY OF SAN JUAN CAPISTRANO iWATER, INC.
Approved By:
B j ma gel --7- cr-1,-,Lt CO a6,,,L--___
Signature
ity Man ger
Date
‘---/ -1/
Name
Attest B i(-
P2��s i -0 ,)7--
- ZQ fc.er
Maria rris, Git§ CI ' Title
6 fi 31 .-2,01 q
Approve. = T. Form:
V '
Date
. AK
City •,7rey
dier
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61147.02100132116067.1
EXHIBIT "B"
SCHEDULE OF SERVICES AND COMPENSATION
Price Per Fire Hydrant be Exercised
Number of Fire Hydrants Exercised
Per Year
Unit Quantity Unit Cost Extension
7/1/2018- Regular Hours Each 1646 $15 $24,690
6/30/2019 Night Time Hours Each 52 $15 $780
7/1/2019- Regular Hours Each 1646 $16.10 $26,498
6/30/2020 Night Time Hours Each 52 $16.10 $837
Price Per Fire Hydrant Isolation Valve be Exercised
Number Hydrant Isolation valves
Exercised Per Year
Unit Quantity Unit Cost Extension
7/1/2018- Regular Hours Each 1646 $30 $49,380
6/30/2019 Night Time Hours Each 52 $30 $1,560
7/1/2019- Regular Hours Each 1646 $32.20 $52,995
6/30/2020 i Night Time Hours Each 52 $32.20 $1,674
Price Per Main Line Valve be Exercised
Number of Valves Exercised Per
, Year
' Unit Quantity Unit Cost Extension
7/1/2018- Regular Hours Each 1349, $45 $60,705
6/30/2019 Night Time Hours Each 13 $45 $585
7/1/2019- Regular Hours Each 1349 $48.29 $65,149
6/30/2020 Night Time Hours Each 13 $48.29 $628
I
Price for Special Line Flushing work by Crew
Hours per year of Crew time to
conduct line flushing
l Unit Quantity Unit Cost Extension
7/1/2018- 2 Person Crew with equipment Hrs. 65 $150 $9,750
6/30/2019 4 Person Crew with equipment Hrs. 20 $300 $6,000
7/1/2019- 2 Person Crew with equipment Hrs. 65 $160.98 $10,464
6/30/2020 4 Person Crew with equipment Hrs. 20 $321.96 $6,439
i
_ Price for Fire Hydrant Painting Concurrent with Flushing
Number of Hydrantes to be Painted
Per Year
C Unit Quantity Unit Cost Extension
' 7/1/2018- Each 600 $20 $12,000
6/30/2019 Regular Hours
Each 0 $0
7/1/2019- Each 600 $21.46 $12,879
6/30/2020 Regular Hours
Each 0 $0.00 $0
Total Cost Proposal for 2018/2019 Contract $165,450
Total Cost Proposal for 2019/2020 Contract $177,563
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61147.02100\32116067.1
Fiscal Year 2019-2020 CPI Adjustment 7.3% (October 2016 to October 2018)
;CPI-All Urban Consumers(Current Series) I '
I
Original Data Value _.
;Series Id: [CUURS49ASAO,CUUSS49ASA0
i Not Seasonally Adjusted 1 ' - ._. _,.. , -- - •
;Series Title: All items in Los Angeles-Long Beach-Anaheim,CA, I
!Area: Los Angeles-Long Beach-Anaheim,CA
Item: All items 1 ;
Base Period: 1982-84=100
.
,Years: (2009 to 2019 , - f ! i ! _-_ , -
Year I Jan I Feb Mar Apr May Jun Jul , Aug , Sep Oct ' Nov I Dec ; Annual ' HALF1 HALF2 '
,2009 220.7191 221.439 221.376 221.693, 222.522 223.906 224.010! 224.5071 225.226,225.2641 224.3171 223.643' 223.219 221.943 224.495,
2010 224.6101 224.620, , 225.916 226.438. 225.877 225.991' 226.373, 226.048 226.794, 225.941• 226.639 225.894' 225A91 226.298
20121 233.65211 234.739_232.241 233.319; 233.367' 232.328• 231.3031 231.8331 233.022 233.049; 232.731! 231.5671 231.928 231.606 232.251,
2011 ! 228.6521 229.729] 232.241
236.866 237.032' 236.025 235.7761 237.2221 238.1041240111; 237.6751 236.0421 236.648, 235.807 237A88
239.9951 239.043. 239.346 239.223,
239.2191
77: 238.7421
239.229 239.185
2014 239.8571 241.059 242.491' 242.4371 243.362r 243.5281 243.727 243.556' 243.6231243.341, 2418.753' 240.475' 242.434, 242.122 242.746
J4
;2015 1.239.7241 241.297 243_738! 243.569 246.0931 245.459 247.066 246.328' 245.4311245.8121 245.7111 245.357; 244.632 243.313 245.951;
2016 247.155 247.1131 247.873 248.368' 249.554' 249.789 249.784 249.700' 250.145 251.098 250.1851 250.189 249.246, 248.309 250.184
2017 252.373 253.8151 254.525, 254.971 255.674 255.275 256.0231 256.739; 257.8901258.883' 2591351 259.2201 256.210 254.439 257.982
'2018 261.2351 263.0121 264.158 265.095 266.148 265.522 266.0071 266.6651 268.032 269.482 268.560; 267.631' 265.962, 264.195 267.730.
2019 269.4681 269.608; 271.311 273.945, - •- 1 i 1, !
1 1 t
•
•
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