ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY OF CORONA
FIRST AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH XYLEM DEWATERING SOLUTIONS, INC., DBA WACHS WATER SERVICES (WATER VALVE ASSESSMENT SERVICES)
1. PARTIES AND DATE.
This First Amendment to the Maintenance/General Services Agreement (“First Amendment”) is made and entered into this ____ day of _______________, 2024 by and between the City of Corona (“City”) and Xylem Dewatering Solutions, Inc., dba Wachs Water Services (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this First Amendment.
2. RECITALS.
2.1 Agreement. City and Contractor entered into that certain Maintenance/General Services Agreement with Pure Technologies US, Inc., dated January 4, 2023, transferred to Xylem Dewatering Solutions, Inc., dba/Wachs Water Services by Assignment and Assumption Agreement dated July 10, 2024 (“Agreement”), whereby Contractor agreed to provide water valve assessment services.
2.2 Amendment. City and Contractor desire to amend the Agreement for the first time to increase the compensation by $100,000 to $650,000 for fiscal year 2024 only and return the compensation amount to $550,000 per fiscal year beginning with fiscal year 2025.
3. TERMS.
3.1 Rates & Total Compensation. Section 3.3.1 (Rates & Total Compensation) of the Agreement is hereby deleted in its entirety and replaced with the following:
“3.3.1 Rates & Total Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference.
The total compensation, including authorized reimbursements, shall not exceed Six Hundred Fifty Thousand Dollars
($650,000) for fiscal year ending June 30, 2024 and Five Hundred Fifty Thousand Dollars for fiscal year ending June 30, 2025 ($550,000) (“Total Compensation”) without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
Docusign Envelope ID: D0119BB1-4E54-4E3A-96A0-8B763D410640 Docusign Envelope ID: B5BC2F8D-ACE1-4E01-83F7-46B8BD2E7E46 2 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
3.2 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.
3.3 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 First Amendment.
3.4 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: D0119BB1-4E54-4E3A-96A0-8B763D410640 Docusign Envelope ID: B5BC2F8D-ACE1-4E01-83F7-46B8BD2E7E46 3 (BB&K: 9-10)
ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY’S SIGNATURE PAGE
FOR
FIRST AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH XYLEM DEWATERING SOLUTIONS, INC., DBA WACHS WATER SERVICES (WATER VALVE ASSESSMENT SERVICES)
IN WITNESS WHEREOF, the Parties have entered into this First Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.
CITY OF CORONA
By: _________________________
Tom Moody
Director of Utilities
Reviewed By: _________________________
Katie Hockett
Assistant Director of Utilities
Reviewed By: _________________________
Aftab Hussain
Maintenance Manager
Reviewed By: _________________________
Yasmin Lopez
Purchasing Manager
Attest: _________________________
Sylvia Edwards, City Clerk
City of Corona, California
Docusign Envelope ID: D0119BB1-4E54-4E3A-96A0-8B763D410640 Docusign Envelope ID: B5BC2F8D-ACE1-4E01-83F7-46B8BD2E7E46 ORANGE\DDERLETH\55191.2 PTEAM 03102022
CONTRACTOR’S SIGNATURE PAGE
FOR
FIRST AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH XYLEM DEWATERING SOLUTIONS, INC., DBA WACHS WATER SERVICES (WATER VALVE ASSESSMENT SERVICES)
IN WITNESS WHEREOF, the Parties have entered into this First Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.
XYLEM DEWATERING SOLUTIONS, INC., DBA WACHS WATER SERVICES a New Jersey corporation
By: ___________________________________
Robert Barlett
Vice President and Secretary
Docusign Envelope ID: D0119BB1-4E54-4E3A-96A0-8B763D410640 Docusign Envelope ID: B5BC2F8D-ACE1-4E01-83F7-46B8BD2E7E46