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Home My WebLink About10 AMEND W/BARR FOR HVAC 05-06-08AGENDA REPORT MEETING DATE: MAY 6, 2008 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/FIELD SERVICES DIVISION SUBJECT: CONTRACT AMENDMENT FOR MAINTENANCE AND REPAIR SERVICES OF THE CITY'S HVAC SYSTEMS WITH BARR ENGINEERING, INC. SUMMARY Approval of the fourth contract amendment with Barr Engineering, Inc., will extend the Agreement for Heating, Ventilating, Refrigeration, and Air Conditioning (HVAC) Systems Maintenance and Repair Services for the period from July 1, 2008 to June 30, 2009, with no increase in the contract price. RECOMMENDATION It is recommended that the City Council approve the fourth amendment to the Contract Agreement between Barr Engineering, Inc. and the City of Tustin for Heating, Ventilating, Refrigeration, and Air Conditioning (HVAC) Systems Maintenance and Repair Services, subject to City Attorney approval. FISCAL IMPACT Adequate funds will be requested in the 2008/2009 Fiscal Year's budget to cover the contract amount. BACKGROUND The City has contracted with Barr Engineering, Inc. since September 1, 2004 for Heating, Ventilating, Refrigeration and Air Conditioning (HVAC) Systems Maintenance and Repair Services for City and Water Operations facilities. The original Agreement was fora 9-month period with three 1-year extensions available to the City. At this time the third 1-year contract extension will expire June 30, 2008. The contractor has offered to extend the contract for one additional year at the existing contract price. Staff has reviewed the offer and is recommending the additional one-year extension with no increase in the annual contract cost or the hourly rate for any repair cost. Staff anticipates that the existing economic uncertainties relating to materials would result in an increase in costs if the contract were rebid. DISCUSSION This contract amendment would extend the Agreement for the fourth time from July 1, 2008 through June 30, 2009 with no increase in the contract cost The contractor will be compensated a sum not to exceed $15,479.64 for the period from July 1, 2008 through June 30, 2009 or $1,289.97 per month. 10 Contract Amendment for Maintenance and Repair Services of the City's HVAC Systems with Barr Engineering, Inc. Page 2 May 6, 2008 Barr Engineering, Inc. has provided consistent service of a reasonable quality over the last year, and has been very responsive in the correction of any service that was not up to City standards. The implementation of this extension will allow the contractor to continue to provide the same quality and responsiveness the City has previously received. Tim D. Serlet Director of Public Works/City Engineer Wisam Altowaiji Field Services Manager S:\City Council Items\2008 Council Items\Barr Contract Amend #4.docx Attachment FOURTH AMENDMENT TO CONTRACT AGREEMENT THIS FOURTH AMENDMENT is entered into this day of 2008, by and between the City of Tustin, a Municipal Corporation (herein referred to as "City"), and Barr Engineering, Inc., a California corporation, (herein referred to as "Contractor"). This Amendment is made with reference to the following: RECITALS A. WHEREAS, City and Contractor entered into an Agreement dated September 1, 2004, (the "Agreement"), wherein Contractor agreed to perform heating, ventilation, and air conditioning (HVAC) services in accordance with the Agreement and specifications entitled "Heating, Ventilating, Refrigeration, and Air Conditioning Systems Maintenance and Repair Program -September 1, 2004 through June 30, 2005"; B. WHEREAS, the initial term of the Agreement was (9) months with the option to be extended for three additional one-year terms by written agreement of the parties; C. WHEREAS, City and Contractor entered into the First Amendment to the Agreement on July 1, 2005 and extended the Agreement until June 30, 2006; D. WHEREAS, City and Contractor entered into the Second Amendment to the Agreement on July 1, 2006, and extended the Agreement until June 30, 2007; E. WHEREAS, City and Contractor entered into the Third Amendment to the Agreement on July 1, 2007, and extended the Agreement until June 30, 2008; F. WHEREAS, City and Contractor desire to extend the Agreement for one additional year, by mutual agreement with no increase in the contract annual cost or the hourly repair cost. AGREEMENT The Agreement is hereby amended as follows: A. The term of the Agreement is extended for one additional year extension through June 30, 2009, unless sooner terminated pursuant to Section B, Page B-8, Paragraph 1 "Termination of Contract Agreement". B. City shall pay the Contractor the following sum for the period indicated: 1. From July 1, 2008 to June 30, 2009, the City shall pay the Contractor, on a monthly basis, an amount equal to $1,289.97. 2. City shall pay contractor a sum not-to-exceed $15,479.64 for the period from July 1, 2008 through June 30, 2009 C. Except as expressly amended by this Amendment, all other terms and conditions of the Agreement and all attachments and exhibits thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the year and date first above written. THE CITY OF TUSTIN BY: ATTEST: (Seal) Mayor of the City of Tustin APPROVED AS TO FORM City Attorney APPROVED AS TO CONTENT: Public Works Director Date (Seal) City Clerk of the City Tustin Date CONTRACTOR Firm Name: Barr Engineering, Inc. BY: Pete Buongiorno TITLE: President ATTACH PROPER NOTARY ACKNOWLEDGEMENT FOR SIGNATURES OF AUTHORIZED PERSON (S)