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HomeMy WebLinkAbout12 AMENDMENT 2 TO AGREEMENT WITH BARR ENGINEERING- ~ REPORT Agenda Item 12 ~""" ~ AGENDA Reviewed: 1 City Manager Finance Director ~) MEETING DATE: JULY 19, 2011 TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: APPROVE AMENDMENT NO. 2 TO THE AGREEMENT WITH BARR ENGINEERING, INC. FOR HVAC SYSTEMS MAINTENANCE AND REPAIR SERVICES. SUMMARY Staff is requesting City Council approval of amendment No. 2 to the Agreement for Heating, Ventilation, Refrigeration, and Air Conditioning (HVAC) Systems Maintenance and Repair Services with Barr Engineering, Inc. from July 1, 2011 to June 30, 2012 with no price increase. RECOMMENDATION It is recommended the City Council approve contract Amendment No. 2 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 authorize the Mayor and City Clerk to execute the contract document on behalf of the City, subject to the City Attorney's approval and final City Council FY 2011-2012 Budget adoption. FISCAL IMPACT The value of the contract is $15,854. Adequate funds are budgeted and appropriated in the Fiscal Year 2011-2012 Public Works Department Budget to cover the cost of the contract. 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 is the second extension and will be effective for the period of July 1, 2011 through June 30, 2012. The contractor has not requested a price increase with this extension and will not exceed $1,321.17 per month or $15,854 for the period from July 1, 2011 through June 30, 2012. Barr Engineering, Inc. has consistently provided high quality preventive maintenance services and has been very responsive when requested for repair services on an as-needed basis. The amendment to the agreement has been reviewed and approved to form by the City Attorney and staff reco he City Council approve the extension of the agreement. Dou las .Stack, P.E. DjrectoK f Public Works/City Engineer ~' Attachment: Amendment No. 2 to the Agreement S:\City Council Items\2011 Council ItemsWpproval of Amendment No. 2 - Barr Engineering.docx AMENDMENT NO. 2 TO AN AGREEMENT FOR HEATING, VENTILATING, REFRIGERATION AND AIR CONDITIONING SYSTEMS MAINTENANCE AND REPAIR SERVICES BETWEEN THE CITY OF TUSTIN AND BARR ENGINEERING, INC. THIS AMENDMENT NO. 2 TO AGREEMENT FOR HEATING, VENTILATING, REFRIGERATION AND AIR CONDITIONING SYSTEMS MAINTENANCE AND REPAIR SERVICES ("Amendment No. 2") is entered into this day of 2011, by and between the City of Tustin, a Municipal Corporation (herein 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." This Amendment No. 2 is made with reference to the following: RECITALS A. WHEREAS, 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 "Original 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. WHEREAS, on or about July 1, 2010, City and Contractor entered into that certain Amendment No. 1, extending the term of the Original Agreement for an additional one (1) year term commencing July 1, 2010 and ending June 30, 2011. The Original Agreement and Amendment No. 1 are hereinafter collectively referred to as the "Agreement." C. WHEREAS, pursuant to Section 2 of the Agreement, upon mutual written agreement of the parties, the Agreement may be extended for additional one (1) year term(s) up to a maximum of five (5) years. D. WHEREAS, the Contractor has offered to continue to provide maintenance services at the current contract unit prices for the period from July 1, 2011 to June 30, 2012. E. WHEREAS, through this Amendment No. 2, the Parties desire to amend the Agreement to extend the Agreement for an additional one (1) year term. AGREEMENT NOW, THEREFORE, the Agreement is hereby amended as follows: 774809. I 1. 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, 2011 and ending June 30, 2012. 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. 3. Effect of Amendment. This Amendment No. 2 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. 2 and shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 2 and any of the provisions of the Agreement, the provisions of this Amendment No. 2 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. 2, by the same. 5. Entire Agreement. The Agreement together with Amendment No. 2 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. 2 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. 2 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. 2, which shall be interpreted to carry out the intent of the parties hereunder. 77480J. I 7. Authority. The persons executing this Amendment No. 2 on behalf of the parties hereto warrant that they are duly authorized to execute this Amendment No. 2 on behalf of said parties and that by so executing this Amendment No. 2 the Parties hereto are formally bound to the provisions of this Amendment No. 2. IN WITNESS WHEREOF, this Amendment No. 2 has been executed in the name of City, by its officer's thereunto duly authorized, and Contractor as of the day and year first above written. THE CITY OF TUSTIN BY: (Seal) Mayor of the City of Tustin ATTEST: City Clerk of the City Tustin APPROVED AS TO FORM City Attorney Date APPROVED AS TO CONTENT: Public Works Director Date 774809. I CONTRACTOR Firm Name: BARR ENGINEERING INC a California corporation (Seal) By: Peter Buongiorno President By: Secretary ATTACH PROPER NOTARY ACKNOWLEDGEMENT FOR SIGNATURES OF AUTHORIZED PERSON (S) 774809. I