HomeMy WebLinkAboutAGR-7659.1 - DIVERSIFIED THERMAL SERVICES, LLC. - PREVENTTIVE MAINTENANCE OF HVAC EQUIPMENTDocusign Envelope ID:6AD64CE1-BGQ5-8135-8119-AD514E524DF 1
Initial
FIRST AMENDMENT
AGR-7659. 1
TO
CONTRACT
Mechanical Services and Preventative Maintenance of Heating,Ventilation,
and Air Conditioning(HVAC)Equipment at Various City
Buildings and Parks (Bid No.23-24.22; SP-4277)]
THIS FIRST AMENDMENT TO CONTRACT (the "First Amendment to Contract") is
made and entered into as of April 28 2026 ("Effective Date") by and between the CITY
OF ORANGE, a municipal corporation("City"), and DIVERSIFIED THERMAL SERVICES, LLC,
a California limited liability company("Contractor"), with reference to the following.
A. City and Contractor entered into a Contract (Agreement No. AGR-7659) dated as of
March 12, 2024,which is incorporated herein by this reference(the"Original Contract"); and
B. City and Contractor desire to amend supplement certain portions of the Original
Contract by increasing the compensation to include a 10% contingency.
NOW,THEREFORE, the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used
herein shall have the meanings set forth for such terms in the Original Contract.
Section 2. Cross-References. City and Contractor agree that all references in this First
Amendment are deemed and construed to refer to the Original Contract, as implemented by this First
Amendment.
Section 3. Compensation. Article 3 of the Original Contract is hereby amended to
increase the total not-to-exceed compensation for the services to be rendered by TWO HUNDRED
THIRTY-NINE THOUSAND FIVE HUNDRED NINETY-FOUR DOLLARS and 00/100
239,594.00), and Sections 3.a and 3.c are hereby amended in their entirety to read as follows:
a. Contractor agrees to receive and accept an amount not to exceed SEVEN
HUNDRED NINETY-TWO THOUSAND FOUR HUNDRED FIFTY-TWO
DOLLARS and 00/100($792,452.00),as compensation for furnishing all materials
and doing all the Work contemplated and embraced in this Contract. Said
compensation covers (1) all loss or damage arising out of the nature of the Work,
from the acts of the elements; (2)any unforeseen difficulties or obstructions which
may arise or be encountered in the prosecution of the Work until its acceptance by
City,other than as provided below;(3)all risks of every description connected with
the Work; (4) all expenses incurred by or in consequence of the suspension or
discontinuance of the Work; and(5)well and faithfully completing the Work, and
for the whole thereof, in the manner and according to the Plans and Specifications,
and requirements of the Authorized City Representative under them. Retention
amounts shall be withheld from progress payments as required by law unless
Contractor provides securities in lieu of retention."
Docusign Envelope ID:6AD64CE1-BC05-8135-8119-AD514E524DF1
e. The total amount of compensation under this Contract, including contingencies,
shall not exceed EIGHT HUNDRED SEVENTY-ONE THOUSAND SIX
HUNDRED NINETY-SEVEN DOLLARS and 00/100 ($871,697.00).
Section 4. Integration. This First Amendment amends, as set forth herein, the Original
Contract and, except as specifically amended hereby, the Original Contract shall remain in full force
and effect. To the extent that there is any conflict or inconsistency between the terms and provisions
of this First Amendment and the terms and provisions of the Original Contract, the terms and
provisions of this First Amendment shall control and govern the rights and obligations of the parties.
IN WITNESS of this Contract, the parties enter into this Contract on the year and day first
above written.
CONTRACTOR" CITY"
DIVERSIFIED THERMAL SERVICES, LLC, CITY OF ORANGE, a municipal corporation
a California Imited ' 'lit any
Instal DocuSiyned by:
reS *By By: auniti, r. stAttx
Printe e: N arii ."SiVer, Mayor
Title: i
Initial *By: ,.
1 *r r--
ATTEST:
r S Printed la : A/ J t/-F ,--_Signed by:
Title:` ',die ('`)fFi2.d7i c1 D 7eE72_
eon
A.—
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Pamela Coleman, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
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Natlhalie Adourian, City Attorney
NOTE:If CONTRACTOR is a corporation, the City requires the following signature(s):
1) the Chairman of the Board, the President or a Vice-President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an
Assistant Treasurer. If only one corporate officer exists or one corporate officer
holds more than one corporate office,please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in
time to the execution of the Agreement, must be provided to the City.
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Docusign Envelope ID:6AD64CE1-BC05-8135-8119-AD514E524DF1
c. The total amount of compensation under this Contract, including contingencies,
shall not exceed EIGHT HUNDRED SEVENTY-ONE THOUSAND SIX
HUNDRED NINETY-SEVEN DOLLARS and 00/100 ($871,697.00).
Section 4. Integration. This First Amendment amends, as set forth herein, the Original
Contract and, except as specifically amended hereby, the Original Contract shall remain in full force
and effect. To the extent that there is any conflict or inconsistency between the terms and provisions
of this First Amendment and the terms and provisions of the Original Contract, the terms and
provisions of this First Amendment shall control and govern the rights and obligations of the parties.
IN WITNESS of this Contract, the parties enter into this Contract on the year and day first
above written.
CONTRACTOR" CITY"
DIVERSIFIED THERMAL SERVICES, LLC, CITY OF ORANGE, a municipal corporation
a California limited liability company
By: By:
Printed Name: Daniel R. Slater, Mayor
Title:
By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Nathalie Adourian, City Attorney
NOTE:If CONTRACTOR is a corporation, the City requires the following signature(s):
1) the Chairman of the Board, the President or a Vice-President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an
Assistant Treasurer. If only one corporate officer exists or one corporate officer
holds more than one corporate office,please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in
time to the execution of the Agreement, must be provided to the City.
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