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HomeMy WebLinkAbout2001-02-13; City Council; 16043; Agreement For Street Light Damage Repair Servicesz” CITY OF CARLSBAD - A&;DA BILL AB# IL,@+3 TITLE: H DEPT. HD. #?m MTG. ,243-d \ APPROVAL OF AMENDMENT TO AGREEMENT CITY ATTY. & DEPT. PW-O&M FOR STREET LIGHT DAMAGE REPAIR SERVICES c,Tl MGR B RECOMMENDED ACTION: Adopt Resolution No. &!C01-3a approving Amendment No. 1 to a professional services agreement between Signal Maintenance Inc. and the City of Carlsbad, for street light damage repair services. ITEM EXPLANATION: On December 4,1995, the City of Carlsbad entered into an agreement with Signal Maintenance, Inc. for the repair of damaged streetlights. This agreement remained in effect until November 30, 1999 at which time it was revised, bids were solicited, and an agreement was again awarded to Signal Maintenance, Inc. This agreement covers only work performed to provide street light damage repair services. This amendment changes the scope of the agreement to include having Signal Maintenance Inc. furnish the materials necessary for completion of these repairs. While the existing agreement specifies that Signal Maintenance Inc. provide all labor and equipment necessary to complete the street light repairs, staff has found that it is much more efficient, and less costly, to have Signal Maintenance Inc. also provide the necessary materials. The present agreement calls for a not-to-exceed amount of $25,000. This Amendment No. 1 requires Signal Maintenance Inc. to provide the street light materials in addition to street light damage repair services. In addition, this amendment raises the not-to-exceed amount to $75,000. Although the agreement cannot exceed $75,000 annually, the agreement will remain a time and materials type agreement and the contractor will continue to be paid only for actual work done based on the unit prices as originally bid. FISCAL IMPACT: Street light maintenance is funded by special assessment through Lighting and Landscaping District No. 1. There are sufficient funds available in the 2000-01 Street Lighting District budget for the additional street light repair services. EXHIBITS: 1. Resolution No. da/i?& pproving Ratification of Extension and Amendment No. 1 to Agreement for Street Light Damage Repair Services 2. Ratification of Extension and Amendment No. 1 to Agreement for Street Light Damage I Repair Services 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2001-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT TO AGREEMENT FOR STREET LIGHT DAMAGE REPAIRS WHEREAS, On December 4, 1995, the City of Carlsbad entered into an agreement with Signal Maintenance, Inc. for the repair of damaged streetlights; and, WHEREAS, The agreement covers only work performed to provide street light damage repair services; and WHEREAS, staff has found that it is much more efficient and less costly to have Signal Maintenance Inc. provide the materials needed, as well as provide the services for street light repairs; and WHEREAS, the current annual limit of $25,000 for this agreement is insufficient due to the increasing number of incidents whereby damages are incurred; and, WHEREAS, the proposed amendment increases the not-to-exceed amount to $75,000. WHEREAS, adequate funds are available in the Street Light Maintenance fund balance to cover the estimated additional costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: \ 1. That the above recitations are true and correct. 2. That the amendment to the agreement for professional services attached hereto as Attachment A is hereby approved. Ill Ill Ill //I Ill Ill Ill 1 1 1 1 1 1 1 1 1 1 2i 2’ 2: 2: 21 21 2t 2’ 21 3. That the Mayor is authorized to sign the amendment to the agreement on behalf of the City. PASSED, APPROVED AND ADOPTED at the regular meeting of the Carlsbad City Council on the Eday of February 2000, by the following vote to wit: AYES: NOES: ABSENT: Council Members Lewis, Kulchin, Finnila, Nygaard and Hall. None None ATTEST: WOOD, City Clerk RATIFICATION OF EXTENSION AND AMENDMENT NO. TO AGREEMENT FOR STREET 1 LIGHT DAMAGE REPAIR SERVICES SIGNAL MAINTENANCE, INC. This Ratification of Extension and Amendment is entered into the 15TH day of February , 2001 but effective as of the first day of January 2001 ratifying the extension and amending the Agreement dated February, 2000, by and between the City of Carlsbad, a municipal corporation, hereinafter referred to as “City” and Signal Maintenance, Inc. hereinafter referred to as, “Contractor” for Street Light Damage Repair Services. RECITALS WHEREAS, the Agreement, as amended, will expire on January 31, 2000, and repair costs have already exceeded the previously established maximum; and WHEREAS, the City and Contractor desire to ratify the extension of the term of the Agreement and any amendments thereto for a period of one year ending on January 31,2000, and WHEREAS, the Agreement, identified a scope of work which includes the repair of damaged street lights not to exceed $25,000 annually; and WHEREAS, the parties to the Agreement desire to alter the scope of work as follows: provide repair services for damaged City-owned street lights not to exceed $75,000 annually; and WHEREAS, all unit prices shall remain in effect, and be subject to, the provisions of said agreement; and WHEREAS, the City and Contractor desire to ratify any amended scope of work already performed; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor hereby agree as follows: 1. The extension and amendment of the Agreement is ratified. 2. The term of the Agreement shall end on January 31,2002. 3. Contractor shall provide services as outlined in the original agreement and as modified herein. 02/04/00 /’ 1 4. City shall pay Contractor for all work associated with Paragraph 1 above, in . accordance with unit prices specified in the Bidder’s Proposal, not-to-exceed $ 75,000 annually. Contractor shall provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 5. All other provisions of the Agreement and any amendments thereto shall remain in full force and effect. 6. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement and any amendments thereto shall be extended to include coverage for the extension period. Acknowledged and Accepted: CONTRACTOR: ATTEST: Leroy J. Ogg, Jr., President (print name/title) Susan Fukushima Asst. Sec. February 15, 2001 DATE (print name/title) (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: . * CALIFORNIA ALLPURP05E ACKNOWLEDGMENT State of California County of Orange On January 10, 2001 Date before me, Susan Fukushima, Notary Public , Name and Title of Officer (e.g.. “Jane Doe, Nolaly Public”) personally appeared Leroy J. Ogg, Jr. Name(s) of Signer(s) , Kl personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person&) whose name@) is/PIR subscribed to the within instrument and acknowledged to me that he/#M##~ executed the same in hisBiHB@r authorized capacity(&%), and that by his/IM@&%r signature(q on the instrument the person@), or the entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal. i&w,.,/* Lyl L.& Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: Leroy J. Ogg, Jr. q Individual @ Corporate Officer Title(s): Drednt Cl Partner - 0 Limited 0 General Cl Attorney-in-Fact Cl Trustee Cl Guardian or Conservator 0 Other: Signer Is Representing: Signal Maintenance, P nc. Signer’s Name: Cl Individual I3 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: @ 1996 National Notary Association * 6236 Remmet Ave., P.O. BOX 7164. Canoga Park, CA 91309-7164 Prod. No. 5907 Reorder: Call Toll-Free 1-800-676-6827 - - . State of (:,I, EmPY- a County of F, fl\cvyI ce, On,Lua,-gd?%i before me, MO+ &we+=.k fl,.dik>hI Ye (NAME/TITLE OF OFFICER-i.s.‘JA!NE DOE, NOTARY PUBLIC’1 personally appeared s*&,, sVqaVI f&U. l;,-* ----------- INAMEISI OF SIGNERISII I-L---, -.. .-___ - ._ __..^ .-.. - -- - - . ------- -------- ---__.____ _. . .._. Cl personally known to me -OR-&-.. & roved to me on the asis of satisfactory evidence to be the personJ&Qhose nam,&s)- Wmubscribed to the within instrument and acknowledged to me that )zIshe/j.Wy executed the same in M/her/@& authorized capacitym and that byJ+X/herM=& signatures] on the instrument the personti, or the entity upon behalf of which the perso;J$’ acted, executed instrument. Witness my hand and official seal. CAPACITY CLAIMED BY SIGNERIS) OINDI~IDUALISI q CORPORATE OFFICER(S) UITLES, q PARTNERW q ~1bmD q GENERAL •A~~RNEY IN FACT OTRUSTEEIS~ OGUARDIANICONSE~~~AT~R OOMER: SIGNER IS REPRESENTING: lName of Person(s) or Entitylies) CAPACITY CLAIMED BY SIGNER(S) q INDIVIDUAL q C~RP~RATE OFFICER(S) ,TlTLES, _c. OPARTNER~I q LIMITED q GENERAL OAlTORNEY IN FACT OTRUSTEEIS) OGUARDIANICONSERVATOR ATTENTION NOTARY OOTHER: The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. SIGNER IS REPRESENTING: THIS CERTIFICATE Title or Type of Document (Name of Person(s) or Entityfierl -__-__-_ MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signerlsl Other Than Named Above WOLCOTTS FORM 63239 Rev. 3.94 Ipr~cc cIw$ 6.2AI Q 1994 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPAClTY/REPRESENTATlON lllll~~l!J I Ill 111111 LY 7 _, I-._-.. _