21-0601_IWATER_1st Amd to Maintenance Services Agreement61147.02100\34030963.1
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AMENDMENT NO. 1
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. 1 to the Maintenance Services Agreement for Valve and Fire
Hydrant Maintenance Services Agreement is made and entered into as of this 1st day of
July, 2021, 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
California 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 July 1, 2020, (“Agreement”), for the purpose of retaining the services of Contractor to
provide valve and fire hydrant maintenance, flushing and painting services.
2.2 Amendment Purpose. The City and Contractor desire to amend the
Agreement to extend the term of the Agreement, increase the not-to-exceed compensation
amount, and revise the insurance terms.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to
Sections 3.1.2, 3.5.9 and 3.5.18 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.
3.2 Amendment. Section 3.1.2 of the Agreement is hereby amended in its
entirety to read as follows:
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3.1.2 Term. The term of this Agreement shall be from July 1, 2020, to June
30, 2022, unless earlier terminated as provided herein. Contractor shall complete
the Services within the term of this Agreement and shall meet any other established
schedules and deadlines. The Parties may, by mutual, written consent, extend the
term of this Agreement if necessary to complete the Services.
3.3 Amendment. Section 3.2.11.2 (B) of the Agreement is hereby amended in its
entirety to read as follows:
3.2.11.2.(B) Minimum Limits of Insurance. Contractor shall maintain limits
no less than: (1) General Liability: $5,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or
other form with general aggregate limit is used including, but not limited to form CG
2503, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be $6,000,000; (2)
Automobile Liability: $1,000,000 per accident for bodily injury and property damage;
and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation
limits as required by the Labor Code of the State of California. Employer’s Liability
limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be
paid in addition to the limits.
3.4 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 shall not exceed the amount of Three Hundred Fifty-Five
Thousand, Two Hundred Dollars ($355,200) without written approval of the City
Manager. Extra Work may be authorized, as described below, and if authorized, will
be compensated at the rates and manner set forth in this Agreement.
3.5 Continuing Effect of Agreement. Except as amended by this Amendment No.
1, all other provisions of the Agreement remain in full force and effect and shall govern the
actions of the Parties under this Amendment No. 1. From and after the date of this
Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall
mean the Agreement as amended by Amendment No. 1.
3.6 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. 1.
3.7 Severability. If any portion of this Amendment No. 1 is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
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3.8 Counterparts. This Amendment No. 1 may be signed in counterparts, each of
which shall constitute an original.
[Signatures on Next Page]
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SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE
MAINTENANCE SERVICES AGREEMENT
FOR VALVE AND FIRE HYDRANT MAINTENANCE SERVICES
BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND
IWATER, INC.
CITY OF SAN JUAN CAPISTRANO
Approved By:
Benjamin Siegel
City Manager
Date
Attested By:
Maria Morris, City Clerk
Approved As To Form:
City Attorney
iWATER, INC.
Signature
Name
Title
Date
Signature
Donald W. Rhodes
President
June 22, 2021
(signing as Acting CM)
6/24/2021
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EXHIBIT “B”
COMPENSATION
Number of Fire Hydrants Exercised
Per Year
Unit Quantity Unit Cost Extension
Regular Hours Each 1646 $16.10 $26,498
Night Time Hours Each 52 $16.10 $837
Regular Hours Each 1646 $16.10 $26,498
Night Time Hours Each 52 $16.10 $837
Number Hydrant Isolation valves
Exercised Per Year
Unit Quantity Unit Cost Extension
Regular Hours Each 1646 $32.20 $52,995
Night Time Hours Each 52 $32.20 $1,674
Regular Hours Each 1646 $32.20 $52,995
Night Time Hours Each 52 $32.20 $1,674
Number of Valves Exercised Per
Year
Unit Quantity Unit Cost Extension
Regular Hours Each 1349 $48.29 $65,149
Night Time Hours Each 13 $48.29 $628
Regular Hours Each 1349 $48.29 $65,149
Night Time Hours Each 13 $48.29 $628
Hours per year of Crew time to
conduct line flushing
Unit Quantity Unit Cost Extension
2 Person Crew with equipment Hrs. 65 $160.98 $10,464
4 Person Crew with equipment Hrs. 20 $321.96 $6,439
2 Person Crew with equipment Hrs. 65 $160.98 $10,464
4 Person Crew with equipment Hrs. 20 $321.96 $6,439
Number of Hydrantes to be Painted
Per Year
Unit Quantity Unit Cost Extension
Each 600 $21.46 $12,879
Each 0 $0.00 $0
Each 600 $21.46 $12,879
Each 0 $0.00 $0
Total Contract Cost 2020/2021 $177,563
Total Contract Cost 2021/2022 Amendment 1 $355,127
7/1/2021 -
6/30/2022
7/1/2021 -
6/30/2022 Regular Hours
Price for Fire Hydrant Painting Concurrent with Flushing
7/1/2020 -
6/30/2021 Regular Hours
7/1/2020 -
6/30/2021
Price for Special Line Flushing work by Crew
7/1/2020 -
6/30/2021
7/1/2021 -
6/30/2022
7/1/2020 -
6/30/2021
Price Per Main Line Valve be Exercised
7/1/2021 -
6/30/2022
Price Per Fire Hydrant be Exercised
7/1/2020 -
6/30/2021
Price Per Fire Hydrant Isolation Valve be Exercised
7/1/2021 -
6/30/2022