SECOND AMENDMENT
TO
MAINTENANCE SERVICES AGREEMENT
[Maintenance Services for City Fountains (RFB 21-22.16)]
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 CALIFORNIA WATERS DEVELOPMENT, INC., a California corporation, doing business as CALIFORNIA WATERS(“Contractor”), with reference to the following:
A. City and Contractor entered into a Maintenance Services Agreement (Agreement No. 7328) dated January 11, 2022 , which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Contractor amended the Original Agreement to increase the compensation by a First Amendment to Maintenance Services Agreement (Agreement No. 7328.1) dated January 17, 2023, 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 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. 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 SIXTY-SEVEN THOUSAND THREE HUNDRED THIRTY-SIX DOLLARS and 50/100 ($67,336.50) 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 ONE HUNDRED FIFTY-FOUR THOUSAND TWO HUNDRED FORTY- ONE DOLLARS and 30/100 ($154,241.30) without the prior written authorization of City.”
Section 4. 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 inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Original Agreement, the 2 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”
CALIFORNIA WATERS DEVELOPMENT, CITY OF ORANGE, a municipal corporation INC., a California corporation, doing business
as CALIFORNIA WATERS
By:
Daniel R. Slater, Mayor
*By:
Printed Name:
Title:
ATTEST:
*By:
Printed Name:
Title: Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Michael J. Vigliotta, 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.
√
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960
Sent by Email
July 3, 2023
ATTENTION: Mr. Robert Ambriz, Jr.
Parks & Facilities Manager
Ms. Ashlie Valencia
Administrative Assistant
Community Services Department
City of Orange County
PROPERTY: Four Public Fountains
SCOPE: Upcoming Maintenance and Repairs
Robert and Ashlie, per your recent requests and our recent conversations, this proposal is a lookahead for the service and repairs of the City’s four fountains.
The current service contract of course is in place, and has included in it, as you know, options for the City to renew on a 12-month basis. We believe we are in year two of that contract, and that there are two renewal options remaining under the existing contract.
It calls for twice-weekly visits, at non-prevailing wage labor rates, for ordinary maintenance of the four City fountains (in no particular order): Train Depot, Plaza, City Hall, and Library. The renewals include built-in price increases at rates that now appear favorable to the City in light of recent inflation, and we will be pleased to honor them when the time comes.
The rates are also fountain by fountain specific, allowing for any one fountain to be left off while the service continues at the others; the recent events at the Plaza being a notable example of such an event.
We have been asked to offer a lookahead of potential repairs for the next 24 months. Please find that attached here and marked as Exhibit A. Please reference the footnotes associated with the exhibit as well.
Exhibit A: Page 1 of 8
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960
EXHIBIT A
FOUNTAIN /Category First 12 Months Next 12 Months Note
TRAIN STATION
Deep Clean - 1x Year 3,200 3,200 Filter Media - 1x Year 800 900 Ladder Install 1,000 - One Time Repair Miscellaneous 1,000 1,000
CITY HALL
Deep Clean - 1x Year 2,500 2,500 Filter Media - 1x Year 700 750 Light Installation - three units/yr 4,500 4,500 This is Optional Miscellaneous 1,000 1,000
LIBRARY
Deep Clean and Painting- 1x Year 4,000 4,000 Filter Media - 1x Year (two units) 1,200 1,300 Autofill Repair 2,000 - One Time Repair Miscellaneous 1,000 1,000
PLAZA
Deep Clean - 1x Year - 4,000 Assumes no year 1 Painting - 1x Year - 1,000 Assumes no year 1 Filter Media - 1x Year 700 750 Miscellaneous 1,500 1,500
Redo System (NOT incl. in Total) - 25,000 This is Optional TOTAL
TRAIN STATION 6,000 5,100 11,100 CITY HALL 8,700 8,750 17,450 LIBRARY 8,200 6,300 14,500 PLAZA 2,200 7,250 9,450 Total 25,100 27,400 52,500 NOTES:
1 Budgetary Pricing Only. Prepared at Customer's request for scale and scope review. Not a bid. 2 Actual spending may, indeed is likely, to differ.
3 Repairs may arise in categories not named.
4 Excludes recurring service costs for regular monthly maintenance under existing contract. 5 Painting line items exclude cost of actual specialty two-part paint, provided by City. 6 Items shown as Optional are recommended but not required for ongoing operation. 7 City Hall Light Installation pricing subject to change depending on scope and item (and count). 8 Line for Plaza-Redo System intentionally not included in Total's as to skew the numbers, optional item. 9 Miscellaneous Is a Placeholder for Extra callouts, Emergency visits, Unknown repairs to equipment; For example, if a full pump were to fail, then the placeholder figure would certainly be too low. 10 For repairs for Plaza directly connected to the car crash, there are no costs included herein at this time.
Exhibit A: Page 2 of 8
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960
We greatly appreciate the opportunity to be of service. Please call me with any questions or concerns you may have, at any time. Thank you.
Sincerely,
Jeffrey /s/
Jeffrey Barman
Office: (949) 528-0900, Ext. 102
Fax: (949) 528-0910
Email: [email protected]
General Notes and Exclusions:
1) Should other deficiencies be found during the above work, those repairs are not included in the proposal and would thus incur additional charges.
2) Certain services may be performed by California Waters Development, Inc. dba California Waters, on behalf of California Waters, LLC.
3) This proposal is valid for 10 days.
4) Exclusions include all: Design, Engineering, Permits, Plans, Traffic Control, Pedestrian Control, SWPPP, O&M Manuals, As-Builts, Power, Water (including fill water), Sanitation, Fencing, Security, Bonding, Retention, Liquidated Damages. 5) Customer to provide nearby parking at no cost.
6) Terms: Due 100% net 30 upon completion of work and written invoice. 7) Prevailing wage rates and payments are included if a repair over $1000; other specialty rates are excluded.
8) Electrical and plumbing not otherwise specifically required for installation of new equipment from Scope of Work is excluded from this proposal and presume operational and to be reused in place, including electrical raceways and similar.
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to perform the above work as specified.
APPROVED:
Signed: ____________________________
Print: ____________________________
Title: ____________________________
Date: ____________________________
Exhibit A: Page 3 of 8
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960
Sent by Email
March 1, 2023
ATTENTION: Grant Pickering, Landscape Coordinator, Community Service Dept.
PROPERTY: City of Orange - Library Fountain
SCOPE: Pump Stand
Per your request, please see below for a proposed scope of work to replace the pump stand in the Library fountain vault.
Scope of Work:
1. Drain the fountain
2. Disconnect the pumps
3. Disassemble and remove the existing pump stand; dispose offsite
4. Fabricate onsite a new pump stand, using pressure-treated lumber and standard nails
5. Reinstall pumps
6. Refill fountain and restart
Warranty: One year; excluding flooding.
Total Cost: $3750.
Lead Time: Normally about two-three weeks.
INITIALS: E
xhibit A: Page 4 of 8
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960
We greatly appreciate the opportunity to be of service. Please call me with any questions or concerns you may have, at any time. Thank you.
Sincerely,
Jeffrey /s/
Jeffrey Barman
Office: (949) 528-0900, Ext. 102
Fax: (949) 528-0910
Email: [email protected]
General Notes and Exclusions:
1) Should other deficiencies be found during the above work, those repairs are not included in the proposal and would thus incur additional charges.
2) Certain services may be performed by California Waters Development, Inc. dba California Waters, on behalf of California Waters, LLC.
3) This proposal is valid for 10 days.
4) Exclusions include all: Design, Engineering, Permits, Plans, Traffic Control, Pedestrian Control, SWPPP, O&M Manuals, As-Builts, Power, Water (including fill water), Sanitation, Fencing, Security, Bonding, Retention, Liquidated Damages. 5) Customer to provide nearby parking at no cost.
6) Terms: Due 100% net 30 upon completion of work and written invoice. 7) Prevailing wage rates and payments are included in this proposal. 8) Electrical and plumbing not otherwise specifically required for installation of new equipment from Scope of Work is excluded from this proposal and presume operational and to be reused in place, including electrical raceways and similar.
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to perform the above work as specified.
APPROVED:
Signed: ____________________________
Print: ____________________________
Title: ____________________________
Date: ____________________________
Exhibit A: Page 5 of 8
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960
Sent by Email
January 26, 2023
ATTENTION: Grant Pickering, Landscape Coordinator, Community Service Dept.
PROPERTY: City of Orange - Plaza Fountain
SCOPE: Electrical and Controls
Per your recent request, please see below for a proposal to have the feature revert to more general operations. This proposal includes a slightly enhanced scope and offers the work at a slightly lower price, and supersedes our prior proposal on the same topic.
At our management meeting this morning the Plaza Fountain was the subject. It was discussed to just make the fountain a basic static fountain with one or two basic controllers. The fountain does not need to have dancing water accordingly. We know that this type of work has been performed previously and the solenoids were gutted and we kept the parts, so they are normally open to operate the fo untain. This should enable the water flow to be controlled manually at the ball valves for the jets above the bowl display.
Eliminate the current control units for the motor/pump program and the light control unit for the lights by either of the following.
Have 1 or 2 simple timer controllers; one for the fountain pump motor and the second for the lights that is reliable and basic (suggestion only; A Digital Intermatic controller like at the Veterans Fountain or just a mechanical dial type).
They should be easy to program and reliable.
The fountain pump motor timer – on/off a start and end time.
The lights under fountain bowl, a timer to have them come on/off.
Scope of Work:
1. Power down the systems.
2. Drain the fountain.
3. Remove defective PLC (with integrated wind control) in fountain controller and replace with two new timers.
a. One timer for the pump.
b. One timer for the lights.
4. Remove internal parts in solenoid valves to allow water to flow free through solenoid valves, voiding their operation. Pump on/off would control water flow.
5. Integration of existing DMX lighting controller (will send start/run signal for DMX controller).
6. Electrical parts necessary to control existing pump contactor and overload relay.
7. Test and Run.
8. Hose down (but not deep clean) fountain.
9. Refill and rebalance.
10. Set timers and leave fountain running. E
xhibit A: Page 6 of 8
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960
NOTES:
a. DMX controller is an independent controller and has been pre-programmed by others, show program is already set by existing controller). b. LIGHTS repair are excluded from this bid
c. Wind controller would be disabled as it is part of the PLC that is being removed. d. If pump motor started is non-functional it would have to be replaced at an additional cost to customer, unless already covered by warranty separately. e. Assumes the pump contactor, overload relay, and DMX lighting controller are fully operational. Excludes: all other repairs to fountain equipment. f. Excludes any electrical outside of the fountain vault. g. Exclusions: All motors, VFDs, pumps, BMS system wiring or controls. Any digging, trenching, compacting, or backfilling. Any concrete installation or removal. Any repairs to building finishes. Excludes coring of holes in concrete. Waterproofing, sealing of penetrations for water intrusion, sealing of fire rated walls, ceilings, or structures. Repairs to existing structures, surfaces. Painting or coating of any type.
Warranty: 90 days labor, one year parts, if properly maintained.
Total Cost: $4965.
Lead Time: Normally about three weeks; however
certain items may have extended timeline
due to national supply chain issues.
Includes our use of our vendor USA Tech Electric
CA LIC# 1061065 / DIR# 1000546053
INITIALS: E
xhibit A: Page 7 of 8
23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960
We greatly appreciate the opportunity to be of service. Please call me with any questions or concerns you may have, at any time. Thank you.
Sincerely,
Jeffrey /s/
Jeffrey Barman
Office: (949) 528-0900, Ext. 102
Fax: (949) 528-0910
Email: [email protected]
General Notes and Exclusions:
1) Should other deficiencies be found during the above work, those repairs are not included in the proposal and would thus incur additional charges.
2) Certain services may be performed by California Waters Development, Inc. dba California Waters, on behalf of California Waters, LLC.
3) This proposal is valid for 10 days.
4) Exclusions include all: Design, Engineering, Permits, Plans, Traffic Control, Pedestrian Control, SWPPP, O&M Manuals, As-Builts, Power, Water (including fill water), Sanitation, Fencing, Security, Bonding, Retention, Liquidated Damages. 5) Customer to provide nearby parking at no cost.
6) Terms: Due 100% net 30 upon completion of work and written invoice. 7) Prevailing wage rates and payments are included if a repair over $1000; other specialty rates are excluded.
8) Electrical and plumbing not otherwise specifically required for installation of new equipment from Scope of Work is excluded from this proposal and presume operational and to be reused in place, including electrical raceways and similar.
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to perform the above work as specified.
APPROVED:
Signed: ____________________________
Print: ____________________________
Title: ____________________________
Date: ____________________________ E
xhibit A: Page 8 of 8