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Home My WebLink AboutB- 2 Wren & Assoc. 11-26-07CONSENT CALENDAR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES DATE: NOVEMBER 26, 2007 SUBJECT: EXTENSION OF TERM OF PROFESSIONAL SERVICES CONTRACTS WITH WREN &ASSOCIATES FOR INSPECTION OF ROSEDALE DEVELOPMENT RECOMMENDATION It is recommended that the Utility Board/City Council approve extension in term of Professional Services Contracts with Wren & Associates for water and electric facilities inspection services at the Rosedale Development until June 30, 2008. BACKGROUND In December of 2005 the Utility Board approved an agreement with Wren & Associates for inspection services of water facilities located in the Rosedale Development. Then, in January 2006, the Utility Board approved an agreement with Wren & Associates for inspection services for electric facilities being installed in the Rosedale Development. Both inspection service contracts are reimbursable by Azusa Land Partners, and both contract amounts have since been amended, with the water services contract now at $170,000, and the electric services contract at $100,000. While the remaining balance on the contract for water facility inspection services is currently $15,936, and the balance on contract for electric facility inspections is $39,643, both contract terms have lapsed and must be extended in order to continue services. Because the Rosedale Development has slowed down, staff does not anticipate a need to increase the amount of either contract at this time and so staff is simply recommending an extension of the term of each contract to June 30, 2008. Since the Utility Board approved the lowest cost inspection firm back in 2005 and 2006, cost savings of about $87,000 have been realized by Rosedale due to the selection of Wren &Associates. FISCAL IMPACT The fiscal impact of this action is restricted to remaining balance on each contract, $15,936 for water inspection services, and $39,643 for electric inspection services; however, since all costs are reimbursable by Azusa Land Partners, there will be no fiscal impact on the utility ! I' except for inspections management and payments processing. l n Prepared by: Cary I<alscheuer, Assistant to the Director of Utilities 1V FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF AZUSA AND WREN & ASSOCIATES FOR CONSTRUCTION INSPECTION SERVICES (ELECTRIC) ARTICLE 1. PARTIES AND DATE This First Amendment to the Professional Services ("Agreement First Amendment") dated February 9, 2006 is entered into by and between the City of Azusa ("City") and Wren & Associates ("Consultant") on this 26t" day of November, 2007. ARTICLE 2. RECITALS 2.1 City and Consultant entered into that certain Professional Services Agreement dated February 9, 2006 ("Agreement"), whereby Consultant agreed to furnish the City all labor, materials, tool, equipment, services and incidental and customary work necessary to fully and adequately supply construction inspection services for the installation of various electrical system substructures conduit and appurtenant facilities for the Rosedale Project (`Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, and all applicable local, state and federal laws rules and regulations. 2.2 Section 2.2. Project remains unchanged. ARTICLE 3. TERMS 3.1 Section 3.1.1. General Scope of Services remains unchanged. 3.1.2 The term this Agreement shall be extended to June 30, 2008, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Continuing Effect of Agreement. Except as amended by this First Amendmetit, all n provisions of the Agreement shall remain unchanged and in full force and effect. From and after the RV PUB\NGS\571817 date of this First Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this First Amendment]. 3.3 Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of their respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement. Each party represents and warrants to the other that the Agreement is currently an effective, valid and binding obligation. Consultant represents and warrants to City that, as of the date of this First Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this First Amendment, Wren & Associates is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 3.4 Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Amendment. 3.5 Counterparts. This First Amendment may be executed in triplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [Signatures on following page] RVPUB\NGS\571817 CITY OF AZUSA By: '1 t Fran Delach City Manager Date: City Clerk Approved as to Form: J urtQ cv-�� City Attorney WREN & ASSOCIATES. By: Don Wren Owner Date: ! / — ZS - c RVPUB\NGS\571817 -3- FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF AZUSA AND WREN & ASSOCIATES FOR CONSTRUCTION INSPECTION SERVICES (WATER) ARTICLE 1. PARTIES AND DATE This First Amendment to the Professional Services ("Agreement First Amendment') dated January 1, 2006 is entered into by and between the City of Azusa ("City") and Wren & Associates ("Consultant') on this 26th day of November, 2007. ARTICLE 2. RECITALS 2.1 City and Consultant entered into that certain Professional Services Agreement dated January 1, 2006 ("Agreement'), whereby Consultant agreed to furnish the City all labor, materials, tool, equipment, services and incidental and customary work necessary to fully and adequately supply construction inspection services for the installation of various water system water main and appurtenant facilities for the Rosedale Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, and all applicable local, state and federal laws rules and regulations. 2.2 Section 2.2. Project remains unchanged. ARTICLE 3. TERMS 3.1 Section 3.1.1. General Scope of Services remains unchanged. 3.1.2 The term this Agreement shall be extended to June 30, 2008, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the RVPUB\NGS\571817 date of this First Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this First Amendment]. 3.3 Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of their respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement. Each party represents and warrants to the other that the Agreement is currently an effective, valid and binding obligation. Consultant represents and warrants to City that, as of the date of this First Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this First Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 3.4 Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Amendment. 3.5 Counterparts. This First Amendment may be executed in triplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [Signatures on following page] RVPUB\NGS\571817 CITY OF AZUSA By:/;' �i 1, AVS Fran Delach City Manager Date: Attest: City Clerk Approved as to Form: 4-"z,;�J towLct-- City Attorney WREN & ASSOCIATES. By: ,�o-n. !-2.1 Don Wren Owner Date: /l—Z9-v7 RVPUB\NGS\571817 _3_