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HomeMy WebLinkAbout2005-03-22; City Council; 18031; Amend HVAC Maintenance Services ContractCITY OF CARLSBAD -AGENDA BILL RATIFICATION TO AMEND AND EXTEND HVAC HEATING AND AIR CONDITIONING INC. MTG. 3/22/05 MAINTENANCE SERVICES CONTRACT WITH SEASIDE DEPT. PWlGS RECOMMENDED ACTION: * DEPT. HD. CITY ATTY. & CITYMGR &- Adopt Resolution No. 2005-079 I Ratification to Amend and Extend the Agreement for HVAC Maintenance Services with Seaside Heating and Air Conditioning Inc. ITEM EXPLANATION: The City of Carlsbad Public Works Major Service Area (MSA) is responsible for the maintenance and repair of Heating Ventilation and Air Conditioning systems at various facilities throughout the City of Carlsbad. On February 5, 2004, City Council awarded an Agreement to Seaside Heating and Air Conditioning to perform these services for the City of Carlsbad for a one-year period. The City Manager was authorized to extend the Agreement for three additional one-year periods, however the agreement omitted to authorize any additional funds for said extensions. The parties wish to extend the original Agreement for a one-year period retroactive to February 5, 2005 and amend the scope of work to include additional preventative maintenance tasks. The General Services division wishes to correct the omission of providing the City Manager authority to authorize funds for any additional extensions granted pursuant to the Agreement. FISCAL IMPACT: The annual cost of these HVAC Maintenance Services total $143,760.00 per agreement year. This amendment authorizes the Contractor to perform additional preventative maintenance services at an additional annual cost of $2,160.00 per agreement year. These preventative maintenance services include oil and filter changes and quarterly inspection and adjustment of newly installed equipment at the Dove Library and the Safety Center. City Council has previously approved funding for these maintenance activities from the Facilities Maintenance General Fund account 001 5060 7550. EXHIBITS: 1. Resolution No. 2005-079 ratification to Amend and Extend the Agreement for HVAC Maintenance Services with Seaside Heating and Air Conditioning Inc. 2. Ratification of Amendment No.1 to Extend and Amend Agreement for HVAC Maintenance Services with Seaside Heating and Air Conditioning Inc. DEPARTMENT CONTACT: Dale Schuck, (760) 434-2949, dschu@ci.carlsbad.ca.us I 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 EXHIBIT 1 RESOLUTION NO. 2005-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING RATIFICATION OF AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT FOR HVAC MAINTENANCE SERVICES (SEASIDE HEATING AND AIR CONDITIONING INC.) WHEREAS, on February 5, 2004, the City entered into a services agreement with Seaside Heating and Air Conditioning Inc. to provide HVAC Maintenance Services; and WHEREAS, notwithstanding expiration of the Agreement on February 5, 2005, the City continued to use the services of Seaside Heating and Air Conditioning Inc. without the benefit of an agreement; and WHEREAS, the parties desire to extend the agreement for a period of One Year; and WHEREAS, the parties have negotiated and agreed to a supplemental scope of work; and WHEREAS, the City Manager was authorized to extend the agreement for three (3) additional one-year terms, however the Agreement omitted to authorize any additional funds for said extensions; and WHEREAS, the parties wish to correct that error and wish to authorize funds for any additional extensions granted pursuant to the Agreement; and WHEREAS, there are sufficient funds available in the Facilities Maintenance Budget; and WHEREAS, the ratification of Amendment No. 1 to extend and amend the Services Agreement with Seaside Heating and Air Conditioning Inc. has been prepared and submitted hereto. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad as Follows: 1. That the above recitations are true and correct. I/ I/ I/ 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22 24 2: 2€ 2i 2f 2. That the ratification of Amendment No. 1 to extend and amend is hereby approved and the Mayor is authorized and directed to execute said Agreement. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City if Carlsbad held on the 22nd day of MARCH , 2005 by the following vote, to titt : 4TTEST AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose (SEAL) 3 EXHIBIT 2 RATIFICATION OF AMENDMENT NO.l TO EXTEND AND AMEND AGREEMENT FOR HVAC MAINTENANCE SERVICES SEASIDE HEATING AND AIR CONDITIONING INC. ation of Amendment No. 1 is entered into as of the 23d day of , 200&, but effective as of the 5th day of February, 2005, extending and amending the agreement dated February 5, 2004 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Seaside Heating and Air Conditioning, ("Contractor") (collectively, the "Parties"). RECITALS A. The Agreement expired on February 5, 2005 and Contractor continued to work on the services specified therein without the benefit of an agreement. B. The Parties desire to extend the Agreement for a period of One Year. C. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated in by this reference as Exhibit "A', Scope of Services and Fee. D. The City Manager was authorized to extend the Agreement for three (3) additional one-year terms, however the Agreement omitted to authorize any additional funds for said extensions. E. The Parties wish to correct that error and authorize funds for any additional extensions granted pursuant to the Agreement. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The retroactive extension and amendment of the Agreement is ratified. The term of the Agreement will be effective for a period of one year from February 5, 2005 in amount not to exceed One Hundred Forty Three Thousand Seven Hundred and Sixty dollars ($143,760). 2. The City Manager may amend the Agreement to extend it for two additional one- year periods or parts thereof in an amount not to exceed One Hundred Forty-Three Thousand Seven Hundred and Sixty dollars ($143,760) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 3. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". 4. City will pay Contractor for all work associated with those services described in City Attorney Approved Version #05.22..01 1 4 Exhibit "A on an agreed price basis not-to-exceed Two Thousand One Hundred and Sixty dollars ($2,160.00) per agreement year. This is in addition to the $143,760 authorized for the performance of the scope of work in the original Agreement. 5. Contractor will complete all work described in Exhibit "A" by February 5, 2006 and by February 5 of all subsequent agreement years. 6. All other provisions of the Agreement, will remain in full force and effect. 7. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2 City Attorney Approved Version #05.22..01 5 8. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this amendment. CONTRACTOR - - .- -- I - 5- .7 , (sign here) w ,J’ V- (print name/tit@ ATTEST: (e-mail address) City Clerk **By: (sign here) j?GI(ccf ,- (? FO (print namekitle) (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-president *Group B. Secretary , Assistant Secretary, CFO or Assistant Treasurer 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: RONALD R. BALL, City Attorney By: Deputy City Attorkey 3 City Attorney Approved Version #05.22..01 b HEATING & AIR CONDITIONING, INC. WWT' A. CITY OF CARLSBAD Add to annual contract: Safety Center ~~ One five ton split system in dispatch. Dove Library - One five ton split system in server room. Dove Library - Two Carrier chillers Location Equipment Frequency Cost per insp. Total Safety Center 5- ton split Quarterly $ 20.00 $ 80.00 Dove Library 5-ton split Quarterly $3 20.00 S 80.00 Dove Library 2-chillers Quarterly $ 500.00 $2000.00 Oil filter change Total in addition to annual contract - $2160.00 per year 2942 Industry Street, Suite A Oceanside, CA 92054 Office 760-643-1100 Fax 760-433-3904 Lic. #790514 7