FIRST AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
[Electrical Maintenance Services for City Parks]
THIS FIRST AMENDMENT TO MAINTENANCE SERVICES AGREEMENT (the “First Amendment”) is made and entered into as of ________________, 2022, by and between the CITY OF ORANGE, a municipal corporation ( “City”), and ACADEMY ELECTRIC, INC . (“Contractor”), a California corporation, with reference to the following:
A. City and Contractor entered into a Maintenance Services Agreement (Agreement No. 6778) dated June 11, 2019 , which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Contractor desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement by revising the Scope of Work and increasing the compensation.
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 Agreement.
Section 2. Cross-References. City and Contractor agree that all references in this First Amendment are deemed and construed to refer to the Origina l Agreement, as implemented by this First Amendment.
Section 3 Revised Scope of Services . The Scope of Services, Section 1, Exhibit A of the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference.
Section 4 Compensation. The total not -to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by THIRTY-THREE THOUSAND DOLLARS and 00/100 ($ 33,000.00) and Section 2.a is hereby amended in its entirety to read as follows:
“Contractor's total compensation for all services performed under this Agreement, shall not exceed THREE HUNDRED THIRTY-THREE THOUSAND DOLLARS and 00/100 ($333,000.00) without the prior written authorization of City.”
Section 5. Integration. This First Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisi ons of this First Amendment and the terms and provisions of the Original
2 Agreement, the terms and provisions of this First Amendment shall control and govern the rights and obligations of the parties.
IN WITNESS of this First Amendment, the parties enter into this First Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
ACADEMY ELECTRIC, INC., CITY OF ORANGE, a municipal corporation a California corporation
*By: By:
Printed Name: Mark A. Murphy, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mary E. Binning
Senior Assistant 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.
EXHIBIT “A”
SUPPLEMENTAL SCOPE OF SERVICES
[Behind this page.]
MINK MM 1104–1142 BP
Dry claw compressors
Flexible
Designed for numerous industrial applications of up to 2.0 bar(g), inlet filter and pressure relief valve as standard Reliable
Effective air cooling, constantly high volume flow throughout the entire life cycle Nearly maintenance-free
Dry and contact-free compression
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Dry claw compressors
Dimensional drawing Volume flow
Air at 70°F. Tolerance: ± 10%
MINK MM 1104 BP
Volume flow 44.0 ACFM
Overpressure (at inlet) 11.6 PSIG
Nominal motor rating 3.2 – 5.6 HP
Nominal motor speed 1800 RPM
Noise level (ISO 2151) 73 dB(A)
Weight approx. 388 Lbs.
Dimensions (L x W x H) 42.5 x 16.9 x 23.3 inches
Gas outlet 1¼" NPT
MINK MM 1144 BP
Volume flow 57.0 ACFM
Overpressure (at inlet) 14.5 PSIG
Nominal motor rating 4.6 – 7.1 HP
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Dry claw compressors
MINK MM 1144 BP
Nominal motor speed 1800 RPM
Noise level (ISO 2151) 73 dB(A)
Weight approx. 411 Lbs.
Dimensions (L x W x H) 46.4 x 16.9 x 23.3 inches
Gas outlet 1¼" NPT
MINK MM 1102 BP
Volume flow 79.0 ACFM
Overpressure (at inlet) 10.2 PSIG
Nominal motor rating 9.1 – 12.7 HP
Nominal motor speed 3600 RPM
Noise level (ISO 2151) 81 dB(A)
Weight approx. 436 Lbs.
Dimensions (L x W x H) 46.3 x 16.9 x 23.3 inches
Gas outlet G 1¼"
MINK MM 1142 BP
Volume flow 103.0 ACFM
Overpressure (at inlet) 14.5 PSIG
Nominal motor rating 12.7 – 16.9 HP
Nominal motor speed 3600 RPM
Noise level (ISO 2151) 81 dB(A)
Weight approx. 456 Lbs.
Dimensions (L x W x H) 47.4 x 16.9 x 23.3 inches
Gas outlet 1¼" NPT
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