AMENDMENT NO. 2 TO
MAINTENANCE SERVICES AGREEMENT
PROVISION OF SEWER MAINTENANCE SERVICES WITH HOUSTON & HARRIS PCS, INC This Amendment No. 2 ("Amendment") to the Agreement is made and entered into effective the 4TH day of May, 2024, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and Houston and Harris PCS, Inc., a California corporation (hereinafter "CONTRACTOR"). CITY and CONTRACTOR are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i) CITY and CONTRACTOR entered into a Maintenance Services Agreement ("Agreement") effective May 4th, 2021, through which CONTRACTOR has been providing maintenance services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A".
(ii) The Parties now seek to amend the Agreement to extend the contract by a total of one year and an increase to the cumulative contract not -to -exceed amount to Eight Hundred Nine Thousand, One Hundred Fifty -Eight Dollars and Seventeen Cents ($809,158.17). (iii) All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
B. Amendment to Agreement.
1. Section 2, Paragraph 1 of the Agreement is hereby amended to read as follows:
2.1 Compensation. Contractor shall be paid in accordance with the fee schedule set fourth in Exhibit "A". Contractor's compensation shall not exceed Two Hundred Seventeen Thousand, Ninety -One Dollars and Seven Cents ($217,091.07) per year, or a cumulative amount of Eight Hundred Nine Thousand, One Hundred Fifty -Eight Dollars and Seventeen Cents ($809,158.17) over the extended one-year contract term.
2. Section 4, Paragraph 1 of the Agreement is hereby amended to read as follows:
4.1 Term. This Agreement shall commence on the Effective Date and continue fora period of four years, ending on May 04, 2025, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
3. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
4. The Agreement, all amendments together with this Amendment No. 2 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 2 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
5. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 2 and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No. 2 to the Consulting Services Agreement are to be executed as of the day and year first above written.
CONSULTANT CITY OF PLACENTIA
By: (A) r"1 AbuSf btt,
Larry Houston, Vice President
By:
Damien R. Arrula, City Administrator
ATTEST:
By:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
By:
Christian L. Bettenhausen, City Attorney
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P.O. Box 10367, San Bernardino, CA 92423
909-422-8990
houstonandharris.com
CCTV Inspection • NASSCO Certified Operators • Database Customization • Data Conversion• CIPP Point Repairs Hydro -wash • Potholing • Lateral Launching • DIR #1000003580 • CA #884167 • non -Union May 08, 2024
City of Placentia
401 E. Chapman Ave.,
Placentia, CA 92870
RE: MSA Amendment No. 2
Mr. Anthony Peralta,
First 1,7
quality
First in
service
Houston & Harris has had a good working rapport with the city and we are interested in continuing this relationship into the future, however, after reviewing the projected costs of the Maintenance Service Agreement, it has been determined there has been a significant cost increase and propose a 10% rate increase for the 2024-2025 fiscal year.
If the above noted increases could be incorporated into the compensation for the 2024-2025, Houston & Harris would be amiable to extending the contract.
Proposed Rate Increase:
Hydro -Clean
CCTV Inspection
After Hours
Hot Spot Cleaning
$0.37/LF
$0.53/LF
$313.50/Hour
$0.48/LF
Should you have any questions, please do not hesitate to reach out to us.
Regards,
Larry Houston
President