SECOND AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
[Maintenance of Hart Park Pools]
THIS SECOND AMENDMENT TO MAINTENANCE SERVICES AGREEMENT (the “Second Amendment”) is made and entered into as of ________________, 2023, by and between the CITY OF ORANGE, a municipal corporation ( “City”), and HASA, INC., a California corporation (“Contractor”), with reference to the following:
A. City and Contractor’s assignor, The Illini Companies, Inc. DBA Commercial Aquatic Services, entered into a Maintenance Services Agreement (Agreement No. 7061) dated October 13, 2020, which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Contractor’s assignor amended the Original Agreement to revise the Scope of Services, increase the compensation, and memorialize City approval of the assignment to Contractor by a First Amendment to Maintenance Services Agreement (Agreement No. 7061.1) dated June 9, 2022, 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 Agreement to revise the scope of services and increase 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 Second Amendment are deemed and construed to refer to the Original Agreement, as implemented by this Second 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 FIFTY-ONE THOUSAND EIGHT HUNDRED FIFTY-FOUR DOLLARS and 78/100 ($51,854.78) 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 TWO HUNDRED FIFTY-SIX THOUSAND NINETY-FIVE and 78/100 ($256,095.78) without the prior written authorization of City.”
2 Section 5. Integration. This Second 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 incons istency between the terms and provisions of this Second Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Second Amendment shall control and govern the rights and obligations of the parties.
IN WITNESS of this Second Amendment, the parties enter into this Second Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
HASA, INC., a California corporation CITY OF ORANGE, a municipal corporation
*By: By:
Printed Name: Daniel R. Slater, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mary E. Binning, 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 o nly 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.]
HART PARK MUNICIPAL SWIMMING POOLS
ANNUAL PREVENTATIVE MAINTENANCE AND MONTHLY SERVICE
YEAR THREE:
I. ANNUAL PREVENTATIVE MAINTENANCE
HEATER SERVICE ANNUAL COST: $2,320.00
FILTER SERVICE ANNUAL COST: . $1,595.00
CHEMICAL CONTROLLER SERVICE ANNUAL COST: $2,000. 00
TOTAL LABOR COST FOR ANNUAL PREVENTATIVE MAINTENANCE $5, 915. 00 - (Materials &. Supplies shall be additional plus 15% OH} II. SEASONAL COSTS FOR MONTHLY POOL MAINTENANCE
MONTHLY SERVICE:
May - August (3 visits per week) per month ·
September -April (1 visit per week) per month
$ 2,935. 00
$ 1,025. 00
TOTAL ANNUAL LABOR COST FOR MONTHLY POOL MAINTENANCE
Annual Cost $19,940.00
TOTAL FOR ALL ANNUAL AND MONTHLY MAINTENANCE SERVICES $27, 155.00 (Annual Preventative Maintenance &. Monthly Pool Maintenance} III.
IV.
CHEMICAL SUPPLIES
Chemical Costs (per gallon unit) BULK CHLORINE
Chemical Costs (per gallon unit) BULK HYDROCHLORIC ACID Estimated annual chemical use for both pools is:
Chlorine"
Acid
TECNICIAN HOURLY RATES
Regular Service Hours
Emergency Call-Out
Holiday and After Hours
10,452 Gallons
1800 Gallons
$ 2.18
$2.04
$225.00
$250. 00
$ 250.00
Exhibit A: Page 1 of 2
HART PARK MUNICIPAL SWIMMING POOLS
ANNUAL PREVENTATIVE MAINTENANCE AND MONTHLY SERVICE
YEAR FOUR:
I. ANNUAL PREVENTATIVE MAINTENANCE
HEATER SERVICE ANNUAL COST: $2,320. 00
FILTER SERVICE ANNUAL COST: $ 1,595.00
CHEMICAL CONTROLLER SER.VICE ANNUAL COST: $1,300.00
TOTAL LABOR COST FOR ANNUAL PREVENTATIVE MAINTENANCE $5,215. 00 (Materials & Supplies shall be additional plus 15% OH)
II. SEASONAL COSTS FOR MONTHLY POOL MAINTENANCE
MONTHLY SERVICE:
May - August (3 visits per week) per month
September-April (1 visit per week) per month
$2, 935. 00
$1,025.00
TOTAL ANNUAL LABOR COST FOR MONTHLY POOL MAINTENANCE
Annual Cost · $1 9,940 .00
TOTAL FOR ALL ANNUAL AND MONTHLY MAINTENANCE SERVICES $25,155. 00 (Annual Preventative Maintenance & Monthly Pool Maintenance) III. CHEMICAL SUPPLIES
Chemical Costs (per gallon unit) BULK CHLORINE $ 2.48
Chemical Costs (per gallon unit) BULK HYDROCHLORIC ACID $2,34 Estimated annual chemical use for both pools is:
Chlorine 10,452 Gallons
Acid- 1800 Gallons
IV. TECNICIAN HOURLY RATES
Regular Service Hours $225.00
Emergency Call-Out $250. 00
Holiday and After Hours $250.00
Exhibit A: Page 2 of 2