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Home My WebLink About10 APPROVE AMENDMENT NO.1 TO THE AGREEMENT WITH BARR ENGINEERING INC• A enda Item 10 AGENDA REPORT Reviewed: ~;.~" " City Manager Finance Director MEETING DATE: JULY 6, 2010 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: APPROVE AMENDMENT NO. 1 TO THE AGREEMENT WITH BARR ENGINEERING, INC FOR HVAC SYSTEMS MAINTENANCE AND REPAIR SERVICES. SUMMARY Approval of amendment No. 1 will extend the Agreement for Heating, Ventilation, Refrigeration, and Air Conditioning (HVAC) Systems Maintenance and Repair Services with Barr Engineering, Inc. from July 1, 2010 to June 30, 2011 with no price increase. RECOMMENDATION It is recommended the City Council: Approve Amendment No. 1 to the Agreement between Barr Engineering, Inc., and the City of Tustin for Heating, Ventilating, Refrigeration, and Air Conditioning (HVAC) Systems Maintenance and Repair Services; and 2. Authorize the Mayor and City Clerk to execute the contract document on behalf of the City. FISCAL IMPACT The value of the contract is $15,854. Sufficient funds are have been budgeted and appropriated in this Fiscal Year 2010-11 Public Works Department operating budget. BACKGROUND The City's current contract with Barr Engineering, Inc., commenced July 1, 2009 for heating, ventilating, refrigeration, and air conditioning (HVAC) systems maintenance and repair services for all City and Water Operations facilities. The original agreement was fora 12-month period with four 1-year extensions available to the City. The proposed amendment to the agreement would be the first extension and will be effective for the period of July 1, 2010 through June 30, 2011. The contractor has not requested a price increase with this extension and is will not to exceed $1,321.17 per month or $15,854 for the period from July 1, 2010 through June 30, 2011. Barr Engineering, Inc. consistently provides high quality preventive maintenance services and are very responsive when requested for repair services on an as-needed basis. The amendment to the agreement has been reviewed and approved by the City Attorney and staff recommends the City Cour}e{I~pprove thgextension of the agreement. ____ . Stack, P.E. hurchill of Public Works/City Engineer Field Services Manager Attachment: Amendment No. 1 to the Agreement AMENDMENT NO. 1 TO AGREEMENT FOR HEATING, VENTILATING, REFRIGERATION AND AIR CONDITIONING SYSTEMS MAINTENANCE AND REPAIR SERVICES THIS AMENDMENT NO. 1 TO AGREEMENT FOR HEATING, VENTILATING, REFRIGERATION AND AIR CONDITIONING SYSTEMS MAINTENANCE AND REPAIR SERVICES ("Amendment No. 1 ") is made and entered into this 1st day of July, 2010, by and between the CITY OF TUSTIN, hereinafter referred to as "City", and BARR ENGINEERING, INC. a California corporation, hereinafter referred to as "Contractor". City and Contractor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties". RECITALS The following Recitals are a substantive part of this Agreement. A. City and Contractor previously entered into that certain Agreement For Heating, Ventilating, Refrigeration and Air Conditioning Systems Maintenance and Repair Services dated July 1, 2009 (the "Agreement") wherein Contractor agreed to furnish all labor, materials and equipment for the City of Tustin's Heating, Ventilating, Refrigeration and Air Conditioning Systems Maintenance and Repair Program in accordance with the Agreement and the Agreement Documents attached thereto. B. The Agreement expires on June 30, 2010; however, pursuant to Section 2 of the Agreement, upon mutual written agreement of the parties, the Agreement may be extended for additional one (1) year terms} up to a maximum of five (5) years. C. Through this Amendment No. 1, the Parties desire to amend the Agreement to extend the Agreement for an additional one (1) year term. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the Parties in carrying out the terms of this Amendment No. 1, it is mutually agreed as follows: AGREEMENT Term and Termination. Pursuant to Section 2.A. of the Agreement the Term of the Agreement shall be extended for an additional one (1) year term commencing July 1, 2010 and ending June 30, 2011. Page 1 of 1 I ~~x: ?ox i 2. Compensation. City shall continue to pay Contractor total "not-to-exceed" compensation for Services provided during this period in accordance with Section 5 of the Agreement and Exhibit "B" attached thereto. Exhibit "B" to the Agreement is also attached hereto for reference. Effect of Amendment. This Amendment No. 1 is supplemental to the Agreement and is by reference made a part of the Agreement. All of the terms, conditions and provisions of the Agreement unless specifically modified herein, shall apply to this Amendment No. 1 and shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 1 and any of the provisions of the Agreement, the provisions of this Amendment No. 1 shall in all respects govern and control. 4. Incorporation of Recitals. The Recitals above are hereby incorporated into this section as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of Amendment No. 1, by the same. 5. Entire Agreement. The Agreement together with Amendment No. 1 constitute the entire Agreement between the parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of the Agreement and Amendment No. 1 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 6. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Amendment No. 1 shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Amendment No. 1, which shall be interpreted to carry out the intent of the parties hereunder. 7. Authori The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that they are duly authorized to execute this Amendment No. 1 on behalf of said parties and that by so executing this Amendment No. 1 the Parties hereto are formally bound to the provisions of this Amendment No. 1. Page 2 of 11 vx??oa ~ IN WITNESS WHEREOF, this Amendment No. 1 has been executed in the name of City, by its officers thereunto duly authorized, and Contractor as of the day and year first above written. CITY OF TUSTIN By: ATTEST: By: City Clerk APPROVED AS TO FORM: By: ~~ ~,. D glas C. Holland, Ci ttorney APPROVED AS TO CONTENT By: City Engineer Mayor of the City of Tustin CONTRACTOR BARR ENGINEERING INC. a California corporation By: Peter Buongiorno President By: Secretary Page 3 of 11 hs_ z~~s i EXHIBIT "B" CONTRACT PROJECT COST SHEET FOR HEATING, VENTILATING, REFRIGERATION AND AIR CONDITIONING SYSTEMS MAINTENANCE AND REPAIR PROGRAM FOR THE PERIOD FROM JULY 1, 2009 THROUGH JUNE 30, 2014 Contractor shall furnish all labor, materials, and equipment required to perform the necessary preventative maintenance items of the Heating, Ventilating, Refrigeration and Air Conditioning System Maintenance and Repair Program at each of the following locations and equipment. CITY HALL 300 Centennial Wa ,Tustin BUILDINGS QUANTITY UNITS MODEL Air Conditionin I Trane SXHCC5040V68A Air Conditions 1 Trane SXHCC4040V48A Air Conditionin I Trane TCD036C400AA Boiler 1 12a ak H3-0624A-CCHBAA Exhaust Fans 4 Monthly Preventative Maintenance Services Filters (Furnish & Install Bimonthly) ANNUAL COST $221.00 /Every Month $ 2,652.00 $ Included /Every 2 Months $ Included ANNUAL TOTAL $ 2,652.00 COMMUNITY CENTER (300 Centennial Wav, Tustin) BUILDINGS UANTITY UNITS MODEL Air Conditionin 1 Trane WCH120B400BA Air Conditions 1 Trane WCH120B400BA Monthly Preventative Maintenance Services Filters (Furnish 8~ Install Bimonthly) ANNUAL COST $72.00 /Every Month $ 864.00 $ Included /Every 2 Months $ Included ANNUAL TOTAL $ 864.00 rsszos i COUNCIL CHAMBERS 1300 Centennial Wav. Tustin) BUILDINGS UANTITY UNITS MODEL Air Conditionin 1 Trane WCHD120B400BA Air Conditions 1 Trane WCHD120B400BA Air Conditionin 1 Trane WCHD120B400BA Exhaust Fans 3 Monthly Preventative Maintenance Services Filters (Furnish & Install Bimonthly) ANNUAL COST $108.00 /Every Month $ 1,296.00 $ Included /Every 2 Months $ Included ANNUAL TOTAL $ 1,296.00 POLICE DEPARTMENT (300 Centennial Wav, Tustin) BUILDINGS QUANTITY UNITS MODEL Air Conditionin 1 Trane TCD036A400BA Air Conditions 1 Trane SXHCC3040V38A5 Air Conditionin 1 Trane SXHCC3040V38A5 Exhaust Fans 4 Monthly Preventative Maintenance Services Filters (Furnish & Install Bimonthly) ANNUAL COST $209.00 /Every Month $ 2,514.00 $ Included /Every 2 Months $ Included ANNUAL TOTAL $ 2,514.00 COLUMBUS TUSTIN GYMNASIUM 17522 Beneta Wa ,Tustin BUILDINGS QUANTITY UNITS MODEL Air Conditioning 1 McQuays/Snyder CUR201 ETLC General Air Conditions 1 McQuays/Snyder CU1220IETLC General Av Conditioning 1 Inter-City PGMB060F1001N1 Products/ Comfortmaker Air Conditionin 3 Comfortmaker PGMB048FIOOIN 1 Exhaust Fans 6 Monthly Preventative Maintenance Services Filters (Furnish 8~ Install Bimonthly) ANNUAL COST $118.00 /Every Month $ 1,416.00 $ Included /Every 2 Months $ Included ANNUAL TOTAL $ 1 416.00 ~~s~zos.i TUSTIN FAMILY YOUTH CENTER 14722 New ort Avenue, Tustin BUILDINGS UANTITY UNITS MODEL Air Conditionin 1 Carrier 48HJD012531 Air Conditions 2 Carrier 48HJD08531 Exhaust Fans I Monthly Preventative Maintenance Services Filters (Furnish & Install Bimonthly) ANNUAL COST $60.00 /Every Month $ 720.00 $ Included /Every 2 Months $ Included ANNUAL TOTAL $ 720.00 TUSTIN SPORTS PARK 12850 Robinson Drive, Tustin BUILDINGS UANTITY UNITS MODEL Air Conditionin l Trane W00030F100BB Air Conditions 1 Trane WCC018F100BB Air Conditionin I Trane W00036F300BB Exhaust Fans 2 Monthly Preventative Maintenance Services Filters (Furnish & Install Bimonthly) ANNUAL COST $60.00 /Every Month $ 720.00 $ Included /Every 2 Months $ Included ANNUAL TOTAL $ 720.00 TUSTIN AREA SENIOR CENTER 200 C Street, Tustin BUILDINGS QUANTITY UNITS MODEL Air Conditionin 1 McQua PGHA060H 125IN Air Conditions 1 Mc ua PGHA042G075AIN Air Conditionin 1 McQua PGDA036B075AIN Air Conditionin 1 McQua PGHA030005AIN Air Conditionin 1 Comfortmaker R080DON 151 Air Conditionin ] McQua PGHA060H075IN Air Conditionin 2 Comfortmaker R100DON151 Air Conditionin 1 Mc ua PGHA060H 125IN Swam Coolers 1 Arvin ED430C Swam Coolers 1 Arvin ED330C Exhaust Fans 2 Monthly Preventative Maintenance Services Filters (Furnish & Install Bimonthly) ANNUAL COST $161.00 /Every Month $ 1,931.00 $ Included /Every 2 Months $ Included ANNUAL TOTAL $ 1,931.00 r>g;zox i MAINTENANCE YARD OFFICE BUILDING 1472 Service Road, Tustin BUILDINGS QUANTITY UNITS MODEL Heater 1 Reznor REB-J 125 Air Conditions I Trane YHC06043LA1M Air Conditionin 1 Trane YHC0604A3RLAIM Air Conditionin 1 Carrier 48TFE004--SO1GA Exhaust Fans 4 AC (Water 1 Co eland ZR54K3-PF-230 Monthly Preventative Maintenance Services Filters (Furnish & Install Monthly) BUILDINGS QUANTITY UNITS MODEL Air Conditions 1 American 2A7A 1036A ] OOOAA Air Conditionin I Sin er EC30CSM Heater 1 Lennox G 12RQ3-82 Exhaust Fans 1 GARAGE BUILDING 1472 Service Road, Tustin Monthly Preventative Maintenance Services Filters (Furnish & Install Monthly) WAREHOUSE (1472 Service Road, Tustin) ANNUAL COST $81.00 /Every Month $ 972.00 $ Included /Every Month $ Included ANNUAL TOTAL $ 972.00 ANNUAL COST $45.00 /Every Month $ 540.00 $ Included /Every Month $ Included ANNUAL TOTAL $ 540.00 BUILDINGS UANTITY UNITS MODEL Air Conditions l Carrier 52SQA212341AA Exhaust Fans 4 Monthly Preventative Maintenance Services Filters (Furnish & Install Monthly) ANNUAL COST $25.00 /Every Month $ 300.00 $ Included /Every Month $ Included ANNUAL TOTAL $ 300.00 ex?zox i SIGN ROOM 1472 Service Road, Tustin BUILDINGS QUANTITY UNITS MODEL Air Conditionin t Sin er EC30CSM Exhaust Fans 4 Monthly Preventative Maintenance Services Filters (Furnish ~ Install Monthly) ANNUAL COST $25.00 /Every Month $ 300.00 $ Included /Every Month $ Included ANNUAL TOTAL $ 300.00 17th STREET DESALTER (18602 E. 17th Street, Santa Ana) BUILDINGS QUANTITY UNITS MODEL Heater I Trane TWA/TWE 036 Air Conditions 1 Trane TCH036 Monthly Preventative Maintenance Services Filters (Furnish & Install Monthly) ANNUAL COST $63.00 !Every Month $ 756.00 $ Included /Every Month $ Included ANNUAL TOTAL $ 756.00 MAIN STREET RESERVOIR (335 Prospect Avenue, Tustin) BUILDINGS QUANTITY UNITS MODEL Air Conditions 1 Carrier 38BK018331 Monthly Preventative Maintenance Services Filters (Furnish ~ Install Monthly) ANNUAL COST $51.00 /Every Month $ 660.00 $ Included /Every Month $ Included ANNUAL TOTAL $ 660.00 SUMMARY OF CHARGES Total City Buildings Monthly Preventative Maintenance Services Total Monthly Filter Costs Misc. Costs (bonds, etc.) Total Annual Cost for Citywide HVAC Maintenance Services $15,504.00 $Included $350.00 $15.854.00 rs?zos i SUBCONTRACTORS All persons or parties submitting a bid proposal on this project shall complete the following form setting forth ttte Item of Work to be subcorrtrac~ed, the name, location, and place of business of each subcontractor who will perform work or labor or render services to the prime Contractor. NAME OF FIRM OR LOCATION WVKK I U tat I'tKtUKMtU (:VIV I KAC. i VK Ui- SHUP UR UFFI(:t NJA ITE it A. PRICE PROPOSAL FOR REMEDIAL MAINTENANCE SERVICES Regular Hourly Rate far Services Provided Between 7 AM and 5 PM, Monday -Friday, Except Holidays $95A0 Per Hour Overtime Hourly Rate for Services Provkied Outside of Regular Service Hours $136.00 Per Hour B. COST BREAKDOWN FOR PARTS Materials Required for a Single Repair Parts Cost $1 - $1,000 15°~ markup over Contractors wholesale. Parts Cost $1,001 -over 10% markup over Contractors wf-olesa~. Far this Proposal to be valid, this page must be signed by an authorized represerrtative of the Comps ;:~ ete Buongiomo Pres~isrn True Barr Engineering. Inc. Name of Firm ex ,?os. i