1 AMENDMENT NO. 1 TO THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE
CITY OF MANTECA AND COMFORT AIR, INC.
This Amendment No. 1 (“Amendment”) to Agreement #C2021-122 (“Agreement”) between the City of Manteca and Comfort Air, Inc. is made and entered into this ___ day of ___________, 2022, by and between Comfort Air, Inc., a California corporation (“Consultant”) and the City of Manteca, a municipal corporation (“City”).
RECITALS
A. WHEREAS, On September 1, 2021, the City of Manteca approved an Agreement with Consultant to provide professional services for HVAC Maintenance and Repair services;
B. WHEREAS, Section 19 of the Agreement allows the Parties to mutually agree to amend the Agreement in writing;
C. WHEREAS, the Parties recognize and acknowledge that during the summer and fall months air conditioning services are critical for the City; D. WHEREAS, the Parties now desire to amend the Agreement in order to extend the term of the services to be undertaken by the Consultant and expand the scope of costs to an amended do not exceed amount;
E. WHEREAS, Consultant represents that it has the necessary professional skills and experience to satisfactorily provide consulting services in a timely manner as set out in the Agreement and this Amendment; and
F. WHEREAS, the City desires to engage Consultant for the purposes of completing the scope of services identified.
NOW, THEREFORE, the Parties hereby agree as follows:
1. Section 3 of the Agreement is hereby amended to read as follows (with a strike through showing the original language):
“3. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall be completed in accordance with the Schedule of Activities, attached hereto as Attachment 3. All work shall be completed no later than June 30, 20223. Failure to submit work products in accordance with the Schedule of Activities may result in the City withholding progress payments. Repeated failure to complete work products in accordance with the Schedule of Activities may result in a reduction for the total compensation provided for in Section 4 herein.”
ATTACHMENT 3
2 2. Section 4 of the Agreement is hereby amended to read as follows (with a strike through showing the original language):
“4. Compensation. Without additional authorization from the City, compensation to be paid to Comfort Air, Inc. shall not exceed Thirty Five Thousand ($35,000.00) $165,000.00. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.”
3. An amended Attachment 2 is attached to this Amendment, reflecting the new costs, terms, and tasks for the scope of work for the Consultant, and it is hereby incorporated herein.
4. Except as otherwise provided in this Amendment, the Agreement shall continue in full force and effect.
THIS SPACE INTENTIONALLY LEFT BLANK
ATTACHMENT 3
3 TO EFFECTUATE THIS AMENDMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.
CITY OF MANTECA: CONSULTANT:
Comfort Air, Inc.
_________________________________ ___________________________________ Toni Lundgren (Type name of Consultant/form of organization)* Interim City Manager
ATTEST: By: ___________________________________
(Signature)
_________________________________ ___________________________________ Cassandra Candini-Tilton, (Type name and title)
Director of Legislative Services
COUNTERSIGNED: By: ___________________________________
(Signature)
_________________________________ ___________________________________ Bret Harmon, (Type name and title)
Director of Finance
COUNTERSIGNED: Address:
1670 Turnpike Road
Stockton, Ca. 95206
_________________________________
Dawn Cortesi,
Interim Director of Human Resources Telephone___(209) 466-4601 e-mail:
APPROVED AS TO FORM:
L. David Nefouse, City Attorney
By:_________________________________
L. David Nefouse City Attorney
ATTACHMENT 3
4 ATTACHMENT 1
STATEMENT OF WORK AND ACTIVITIES #2
ATTACHMENT 3
Customer: City of Manteca Contract #3537/98
Job Name: City of Manteca
Service Address: Various Locations per Agreement
This Amendment entered into on May 27, 2022, is made by and between Comfort Air, Inc., herein after known as the Contractor and City of Manteca, herein after known as the Customer.
The Contractor is providing a system of maintenance and repair for the equipment type contained within the schedules, terms and conditions on the pages attached and listed below.
Schedule “A”: Describes the level of service being provided by the Agreement.
Schedule “B”: Describes the limited of liability and the terms and conditions.
Comfort Air, Inc.'s rates are as followed: $131 per hour during normal business hours (Monday-Friday 7:30am-4:30pm); $167 per hour after hours (Monday-Friday 4:30pm-9:00pm and Saturdays until 4:30pm); and $197 per hour after 9:00pm and on Holidays.
The schedule attached to the Service Agreement constitutes the entire Agreement between the Contractor and the Customer. The service Agreement remains the property of the Contractor and is provided for the Customer’s use only.
This service Agreement is subject to management approval by Contractor. No waiver, change or modification of any terms or conditions shall be binding on Contractor unless made in writing and signed by authorized management of Contractor.
This annual Agreement shall continue in effect from year to year unless either party gives written notice to the other of intention not to continue thirty (30) days before the actual cancel date.
Contractor Customer
By
__________________________________
Authorized Customer Representative
By
__________________________________
Adam Moreno Printed Name:
________________________
Service Manager
Date: 5-27-22 Title: Date:
ATTACHMENT 3
Schedule “A”
Work Order’s:
Each completed service call is documented by a Contractor service work order. This work order is provided to the customer as evidence of the completed service showing each performed task.
Preventative Maintenance:
The maintenance work shall include the following:
1. Wash with appropriate cleaning solution the condensing coils and evaporative coils.
2. Wash with appropriate cleaning solution the condensing tray.
3. Tighten and/or replace belts.
4. Check and/or replace filters.
5. Lube motors.
6. Grease fittings.
7. Check Freon charge and add Freon as needed.
8. Check system for proper operations.
Comfort Air, Inc. will provide belts, filters, contactors, capacitors, and refrigerant the discretion of City maintenance.
Repair Work:
From time-to-time, the City may need Comfort Air, Inc., to perform repair work in addition to the preventative maintenance work. While the scope of the repair work is unknown at this time, Comfort Air, Inc., shall submit labor rates for a technician to perform repairs during normal business hours, after business hours and on weekends. Parts, materials and supplied needed for any repairs are additional costs to be quoted by Comfort Air, Inc at the time of the repair.
ATTACHMENT 3
Schedule “B”
Terms and Conditions
1. Contractor agrees to perform all work professionally and to furnish only material of good quality.
2. The customer provides reasonable access to all areas and equipment, and allows Contractor to stop and start equipment as necessary to fulfill the terms of the agreement.
3. All maintenance tasks will be performed during the Contractor’s normal business hours.
4. The customer agrees to inform the contractor immediately of problems found in the operation of the equipment.
5. The customer agrees to pay and be responsible for any additional gross amount of any present or future sales, use, excise, value-added, or other similar tax, however designated, applicable to the price, sale or delivery or any products, services or the work furnished hereunder or for their use by Contractor on behalf of the customer whether such tax shall be local, state, or federal in nature. This will include but not be limited to the recovery, recycling, reclamation, handling and disposal of all refrigerants, and the additional costs incurred for refrigerant tax and/or increased costs due to shortages.
6. Repair or replacement of non-maintainable parts of the system(s) such as, but not limited to, coils, heat exchangers, duct work, piping, shell and tube, unit cabinets, boiler refractory material, insulating material, electrical wiring, hydronic and pneumatic piping, structural supports and other non-moving parts, are not included in this Agreement.
7. If the equipment covered is altered, modified, changed or moved this agreement may be adjusted accordingly or terminated.
Limitations of Liability and Indemnities
1. The Contractor is not liable for damage or loss caused by delay in installation or interrupted service due to fire, flood, corrosive substance in the air, strike lockout, dispute with workmen, inability to obtain material or services, commotion, war, act of nature, or any other cause beyond Contractors reasonable control.
2. In no event, whether as a result of breech of contract, or any tort including negligence or otherwise is the Contractor or its suppliers, employees or agents liable for any special, consequential, incidental, or penal damage including, but no limited to loss of profit or revenues, loss of use of any products, machinery, equipment, damage to associated equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, lost profits, or claims of Buyer’s customers for such damages.
3. No other warranty expressed or other liability is given and no other affirmation of Contractor, by word or action, shall constitute a warranty. This warranty is expressly in lieu of any other express or implied warranty including any implied warranty of merchantability of fitness, and any other obligation on the part of Contractor.
4. The contractor’s liability, if any, upon any warranty, either expressed or implied, is limited to the replacement of defective materials and correction of faulty workmanship which is in violation of local, state, or federal building codes at the time of performance of the work by the Contractor.
Exclusions:
Cabinets and ductwork.
Water supply and drain beyond equipment proper.
Moving or relocating the equipment.
Any damage due to unexpected freezing. Work made necessary by the enforcement or government codes, building and union regulations.
Devices and controls not supplied by us are excluded from this contract unless otherwise specified in the contract. We are not responsible for failure or damage to equipment or premises due to improper fuel or fuel supply.
ATTACHMENT 3