HomeMy WebLinkAbout2005-07-12; City Council; 18198; Floor Covering Services Contract Amendment4B# 18,198
JITG. 7/12/05
IEPT. PW/GS
I CITY OF CARLSBAD - AGENDA BILL
TITLE: APPROVAL OF RATIFICATION OF
AMENDMENT NO. 1 TO EXTEND AND AMEND THE
FLOOR COVERING SERVICES CONTRACT WITH CITY ATTY.
CARPETS BY PHILLIPS, INC.
RECOMMENDED ACTION:
Adopt Resolution No. 2005-221 , approving Ratification of Amendment No. 1 to Extend and
Amend the Agreement for Floor Covering Services with Carpets by Phillips, Inc.
ITEM EXPLANATION:
The City of Carlsbad Public Works Major Service Area (MSA) is responsible for the maintenance
and repair floor covering at various facilities throughout the City of Carlsbad. The total floor area
maintained under this agreement is over 300,000 square feet.
On May 13, 2002, the City Manager awarded an agreement to Carpets by Phillips, Inc., to perform
these services for the City of Carlsbad for a three-year period. The City Manager was authorized to
extend the agreement for an additional one-year period.
The parties wish to extend the original agreement for a one-year period retroactive to May 13, 2005
and authorize funding.
ENVIRONMENTAL REVIEW:
Floor Covering Service is not a project as defined by Section 15378 of the State CEQA Guidelines.
FISCAL IMPACT:
The annual cost of these Floor Covering Services does not exceed $100,000 per agreement year.
This service includes the installation and repair of linoleum, carpet, and tile flooring. City Council has
previously approved funding for these maintenance activities from the Facilities Maintenance
General Fund Account No. 001 5060 7550.
EXHIBITS:
1. Resolution No. 2005221 , approving Ratification of Amendment No. 1 to Extend and
Amend the Agreement for Floor Covering Services with Carpets by Phillips, Inc.
2. Ratification of Amendment No. 1 to Extend and Amend Agreement for Floor Covering
Services with Carpets by Phillips, Inc.
DEPARTMENT CONTACT: Rob Houston, (760) 434-2992, rhous@ci.carlsbad.ca.us
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RESOLUTION NO. 2005221
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING RATIFICATION OF AMENDMENT NO. 1 TO
EXTEND AND AMEND AGREEMENT FOR FLOOR COVERING
SERVICES WITH CARPETS BY PHILLIPS, INC.
WHEREAS, on May 13, 2002, the City entered into a service agreement with Carpets by
Phillips, Inc., to provide Floor Covering Services; and
WHEREAS, notwithstanding expiration of the agreement on May 12, 2005, the City
2ontinued to use the services of Carpets by Phillips, Inc., without the benefit of an agreement; and
WHEREAS, the parties desire to extend the agreement for a period of one (1) year
lot-to-exceed $1 00,000; and
WHEREAS, there are sufficient funds available in the Facilities Maintenance Budget; and
WHEREAS, the Ratification of Amendment No. 1 to Extend and Amend the Services
4greement with Carpets by Phillips, Inc., has been prepared and submitted hereto.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad as
~ollows:
1. That the above recitations are true and correct.
2. That the Ratification of Amendment No. 1 to Extend and Amend is hereby
3pproved and the Mayor is authorized and directed to execute said Agreement.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
ield on the 12th day of July , 2005 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
4TTEST:
(SEAL)
RATIFICATION OF AMENDMENT NO. 1 TO EXTEND AND AMEND AGREEMENT
FOR FLOOR COVERING SERVICES
(Carpets by Phillips Inc.)
This Ratification of Amendment No. 1 is entered into as of the /$&day of J~~LY , 2005, but effective as of the 13th day of May, 2005, extending and amending the
agreement dated May 13, 2002 (the “Agreement”) by and between the City of Carlsbad, a
municipal corporation, (“City“), and Carpets by Phillips Inc., (“Contractor”) (collectively, the
“Parties”).
RECITALS
A. The Agreement, as amended from time to time expired on May 12, 2005 and
Contractor continued to work on the services specified therein without the benefit of an
agreement.
B. 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 May 12, 2006 on a time and materials basis not-to-
exceed One Hundred Thousand dollars ($1 00,000.00).
3. Contractor will complete all work described in the Agreement as amended from
time to time by May 12,2006.
4. All other provisions of the Agreement, as may have been amended from time to
time, will remain in full force and effect.
5. All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, will include coverage for this
Amendment.
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City Attorney Approved Version #05.22..01
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6. The individuals executing this Amendment and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this amendment.
CONTRACTOR CITY OF CARLSBAD, municipal
corpop$&f the$? o@rnia
(sign here)
(print name/title)
(e-mdn addrebs)
ChUCLdC r3 A, KD.5 Q LL?& ATTEST:
- City Clerk
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:
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City Attorney Approved Version #05.22..01 4