Resolution No. _____________

Board of Supervisors, County of San Mateo, State of California

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Resolution Authorizing Amendments to the Agreements with D & D Elevator Company and Kone, Inc. for Elevator Maintenance and Repair Services at County Facilities and Authorizing the Director of Public Works to Extend the Agreement for an Additional Two Years if Mutually Agreeable to the County and the Respective Companies

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, this Board, on June 24, 2003, adopted Resolution No. 066108, which authorized execution of agreements with D & D Elevator Company for elevator maintenance and routine repair services at various Health and Hospital facilities; and Kone, Inc. for elevator maintenance and routine repair services at other County facilities, and

WHEREAS, the Director of Public Works estimates that the cost of maintaining additional elevators that have been included in the above described agreements, together with the cost of additional repair services that have been and will be required on the County’s elevator equipment, will exceed the “not-to-exceed” payment limits as provided in the original two-year term of said agreements; and

WHEREAS, said agreements provide for two year extensions if mutually agreed to by both the County and the service provider; and

WHEREAS, the Director of Public Works also estimates that the “not to exceed” amounts as provided in the agreements for the two year extensions, in the event that the County exercises its option to extend the agreements for an additional two-year period, will also be exceeded; and

WHEREAS, the authority to approve the extension of said agreements was inadvertently omitted from Resolution No. 066108; and

WHEREAS, the Director of Public Works has recommended that:

a)

The “not-to-exceed” amounts be increased in the two agreements for both the original two year term of the agreements and for the additional two year extension of the agreements; and

b)

The Director of Pubic Works be authorized to extend the agreement for an additional two years as originally provided for in said agreement if the Director determines that it is in the County best interest to extend said agreements; and

WHEREAS, this Board has considered and concurs in the recommendation of the Director of Public Works to increase the “not-to-exceed” amount in said agreements and to authorize the Director of Public Works to authorize the extension of said agreements for a two year term if the Director determines that it is in the best interest of the County to extend said agreements.

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that

A.

Paragraph 3 and 4 of Agreement No. 473000-03R-66108A with D & D Elevator Company is hereby amend to read as follows:

3.

The County agrees to pay, and the contractor agrees to receive and accept in full compensation for furnishing all material, labor and equipment, and for doing all the work completed and embraced in the said contract the following sums:

For the initial two year term of the agreement an amount not to exceed Sixty Thousand Five Hundred and Nine Dollars ($60,509), which includes Twenty Three Thousand, Fifty-Seven Dollars ($23,057) to be used or not used at the discretion of the County for extra and emergent work not specifically covered in the contract specifications.

4.

It is agreed that the term of this agreement, shall be two (2) years commencing on July 1, 2003 for all services; and provided that the Director of Public Works my extend the agreement for up to 24 months if agreed to by the contractor, upon the same terms and conditions as set forth in the Contract documents. The aggregate “not-to-exceed” amount of the two-year extension shall be increased from Thirty Seven Thousand Five Hundred Forty-Two Dollars ($37,542) to Seventy Two Thousand Two Hundred and Seven Dollars ($72,207) which includes an allowance of Thirty Thousand Dollars ($30,000) to be used or not used at the discretion of the County for extra and emergent work not specifically covered in the contract specifications.

B.

Paragraph 3 and 4 of Agreement No. 473000-03R-66108A with Kone, Inc., is hereby amend to read as follows:

3.

The County agrees to pay, and the contractor agrees to receive and accept in full compensation for furnishing all material, labor and equipment, and for doing all the work completed and embraced in the said contract the following sums:

For the initial two year term of the agreement an amount not to exceed One Hundred and Seventy Seven Thousand and Four Hundred Dollars ($177,400), which includes Nineteen Thousand Dollars ($19,000) to be used or not used at the discretion of the County for extra and emergent work not specifically covered in the contract specifications.

4.

The aggregate “not-to-exceed” amount of the two-year extension shall be increased from One Hundred Fifty Eight Thousand Four Hundred Dollars ($158,400) to One Hundred Ninety Thousand Eight Hundred Dollars ($190,800) which includes an allowance of Thirty Thousands Dollars ($30,000) to be used or not used at the discretion of the County for extra and emergent work not specifically covered in the contract specifications.

C.

The Director of Public Works is hereby given the authority to extend the agreements for a period of two years without a separate action of this Board.

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