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HomeMy WebLinkAbout2005-05-10; City Council; 18109; Amend Roof Maintenance Services ContractAB# 18,109 MTG. 5110105 DEPT. PWlGS CITY OF CARLSBAD - AGENDA BILL - TITLE: RATIFICATION TO EXTEND AND AMEND ROOF MAINTENANCE SERVICES CONTRACT WITH WEATHERPROOFING TECHNOLOGIES INC. 2 - RECOMMENDED ACTION: Adopt Resolution No. 2005-148 , Ratification of Amendment No. 2 to Extend and Amend the Agreement for Roof Maintenance Services with Weatherproofing Technologies. ITEM EXPLANATION: The City of Carlsbad Public Works Major Service Area (MSA) is responsible for the maintenance and repair of roofs and roof systems at various facilities throughout the City of Carlsbad. The total roof area maintained under this agreement equals 339,329 square feet. On July 30, 2001, the City Manager awarded an Agreement to Weatherproofing Technologies to perform these services for the City of Carlsbad for a one-year period. The City Manager was authorized to extend the Agreement for five additional oneyear periods. On April 25, 2003 the City Manager extended and amended the Agreement to include additional facilities added to the Facilities Maintenance inventory and authorized additional funding for a one- year period ending on July 29, 2004. The parties wish to extend the original Agreement for a one-year period retroactive to July 29, 2004 and authorize funding. ENVIRONMENTAL IMPACT: This project has been determined to be exempt from environmental review per CEQA - Class I (c), Minor alteration of existing facility. FISCAL IMPACT: The annual cost of these Roof Maintenance Services total $29,878.00 per agreement year. These preventative maintenance services include bi-annual inspections, 24-hour response to perform leak repairs, bi-annual and post storm housekeeping services and quarterly reports of all activities performed under the agreement. City Council has previously approved funding for these maintenance activities from the General Fund Facilities Maintenance Outside Services account. EXHIBITS: 1. Adopt Resolution No. 2005-148 , Ratification of Amendment No. 2 to Extend and Amend the Agreement for Roof Maintenance Services with Weatherproofing Technologies. Ratification of Amendment No. 2 to Extend and Amend Agreement for Roof Maintenance Services with Weatherproofing Technologies Inc. 2. DEPARTMENT CONTACT: Dale Schuck, (760) 434-2949, dschu@ci.carlsbad.ca.us 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. 2005-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING RATIFICATION OF AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR ROOF MAINTENANCE SERVICES WEATHERPROOFING TECHNOLOGIES INC.) WHEREAS, on July 31, 2001, the City entered into a services agreement with Neatherproofing Technologies Inc. to provide Roof Maintenance Services; and WHEREAS, on April 25, 2003, the City entered into Amendment No. 1 of the services agreement with Weatherproofing Technologies Inc. to provide Roof Maintenance Services; and WHEREAS, notwithstanding expiration of the Agreement on July 29, 2004, the City :ontinued to use the services of Weatherproofing Technologies Inc. without the benefit of an agreement; and WHEREAS, the parties desire to extend and fund the agreement for a period of One Year; and WHEREAS, the City Manager was authorized to extend the agreement for five (5) additional one-year terms; and WHEREAS, there are sufficient funds available in the Facilities Maintenance Budget; and WHEREAS, the ratification of Amendment No. 2 to extend and amend the Services 4greement with Weatherproofing Technologies Inc. has been prepared and submitted hereto. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad as ~ollows: 1. That the above recitations are true and correct. I/ I/ I/ I/ a 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 2. That the ratification of Amendment No. 2 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 Df Carlsbad held on the 10th day of May , 2005 by the following vote, to Nitt: AYES: Council Members Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: Council Member Lewis 5 CLAUDEA. L WIS, ayor MATT HALL, Mayor Pro-Tern 4TTEST (SEAL) 3 RATIFICATION OF AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR ROOF MAINTENANCE SERVICES (Weat herproofing Technologies I nc.) This Ratification of Amendment No. 2 is entered into as of the /#h day of r2m , 200&, but effective as of the 29th day of';luly, 2004, extending and amending the agreement dated July 30, 2001 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Weatherproofing Technologies Inc. , ("Contractor") (collectively, the "Parties"). RECITALS A. On April 25, 2003, the Parties executed Amendment No. 1 to the Agreement to extend the original agreement and to include new roof maintenance locations that were added to the Facilities Maintenance inventories at additional cost; and 6. The Agreement, as amended from time to time expired on July 29, 2004 and Contractor continued to work on the services specified therein without the benefit of an agreement. D. The Parties desire to alter the scope of work of the Agreement to extend and fund the Agreement for a period of One Year; and 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. 2. That the Agreement, as may have been amended from time to time, is hereby extended for a period of One Year ending on July 29, 2005 on an agreed price basis not-to- exceed Twenty Nine Thousand Eight Hundred and Seventy-eight dollars ($29,878.00). 3. Contractor will complete all work described in the Agreement as amended from time to time by July 29, 2005. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. ... ... ... 1 City Attorney Approved Version #05.22..01 4 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this amendment. CONTRACTOR *By: ~ (e-mail address) # (sign h&t$ W CITY OF CARLSBAD, a municipal corporation of the State of California By: Mayor Pro-Tern ATTEST: ATTEST: D/lUTZZ @ 7iiLMCa /NC 4 Lbq (e-mail address) City Clerk # (sign h&t$ City Clerk 4n if'm (print name/title) (e-mail address) flitU&6 P rn&CDZ meMae . 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 oficer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney n City Attorney Approved Version #05.22..01 2 5