SECOND AMENDMENT
TO
CONTRACT
[Mechanical Services and Preventive Maintenance for HVAC Equipment (Informal Bid No. 189-19; SP4076)
THIS SECOND AMENDMENT TO CONTRACT (the “Second Amendment”) is made and ente red into as of ___ ___________, 20 22, by and between the CITY OF ORANGE, a municipal corporation (“City”), and DIVERSIFIED THERMAL SERVICES, INC., a California corporation (“Contractor”), with reference to the following.
A. City and Contractor entered into a Contract (Agreement No. AGR-6497.A) dated February 12, 2019, which is incorporated herein by this reference (the “Original Contract”); and
B. City and Contractor amended the Original Contract to increase the compensation by a First Amendment to Contract (Agreement No. AGR-6497.A.1) dated November 9, 2021 , which is incorporated herein by this reference (the “First Amendment”); and
C. City and Contractor desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Contract to exercise the extension and amend the amount to include a 15% 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 Second Amendment are deemed and construed to refer to the Original Contract, as implemented by this Second Amendment.
Section 3. Extension Term. Pursuant to Article II of the Original Contract, the City hereby extends the Term of th is Contract to reflect the Extension Term, commencing on July 1, 2022, and terminating on June 30, 2024 , in an amount not to exceed THREE HUNDRED TEN THOUSAND SIXTY-THREE DOLLARS and 00/100 ($310,063.00).
Section 4. Integration. This Second 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 Second Amendment and the terms and provisions of the Original Contract, the terms and provisions of this Second Amendment shall control and govern the rights and obligations of the parties.
2 IN WITNESS of this Contract, the parties enter into this Contract on the year and day first above written.
“CONTRACTOR” “CITY”
DIVERSIFIED THERMAL SERVICES, 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.