Loading...
23-0606_UNITED BUILDING & DEVELOPMENT SERVICES LLC_1st Amd to Maintenance Services AgreementAMENDMENT NO. 1 TO THE MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND UNITED BUILDING AND DEVELOPMENT SERVICES LLC. 1.Parties and Date. This Amendment No. 1 to the Maintenance Services Agreement is made and entered into as of this 6th day of June 2023, by and between the City of San Juan Capistrano, a municipal organization organized under the laws of the State of California with its principal place of business at 30448 Rancho Viejo Road, San Juan Capistrano, California 92675 (“City”) and United Building and Development Services LLC., a California limited liability company, with its principal place of business at 27762 Antonio Parkway L1- 643, Ladera Ranch, CA 92694(“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.” 2.Recitals. 2.1 Contractor. The City and Contractor have entered into an agreement entitled “MAINTENANCE SERVICES AGREEMENT” dated April 1, 2018 (“Agreement”) for the purpose of retaining the services of Contractor to provide citywide public facility maintenance and repair services. 2.2 Amendment Purpose. The City and Contractor desire to amend the Agreement to extend the Maintenance Services Agreement for citywide public facility maintenance and repair services at the pricing shown on Exhibit A for an additional three- year term beginning July 1, 2023 and ending June 30, 2026. All other terms and conditions will remain the same as noted in the Agreement. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.1.2 and 3.5.9 of the Agreement. ATTACHMENT 3 -- Page 1 of 4 3. Terms. 3.1 Renewal Term. The term of the Agreement is hereby extended for one (1), three (3) year renewal commencing July 1, 2023 to June 30, 2026, i.e., the First Renewal Term unless earlier terminated as provided herein. Upon completion of the First Renewal Term, the Parties may, by mutual, written consent, extend the term of this Agreement for an additional two-year term, subject to an adjustment equal to the All Urban Consumer Price Index (CPI-U) two-year average, October to October. 3.2 Renewal Term Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Amendment during the First Renewal Term at the rates set forth in Exhibit “A” (attached hereto and incorporated herein by reference). 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. [Signatures on Next Page] ATTACHMENT 3 -- Page 2 of 4 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND UNITED BUILDING AND DEVELOPMENT SERVICES LLC. CITY OF SAN JUAN CAPISTRANO Approved By: Benjamin Siegel City Manager Date Attested By: Maria Morris, City Clerk Approved As To Form: City Attorney UNITED BUILDING AND DEVELOPMENT SERVICES LLC. Signature Name Title Date ATTACHMENT 3 -- Page 3 of 4 June 8, 2023 JOB CLASSIFICATION HOURLY RATE HOURLY RATE HOURLY RATE SS 23/24 24/25 25/26 Construction Foreman $142 $149 $156 Journey Plumber $231 $243 $255 Journey Carpenter $135 $142 $149 Journey Electrician $213 $224 $235 Journey Dry Waller $187 $196 $206 Journey Flooring $169 $178 $186 Journey Concrete $213 $224 $235 Laborer $131 $138 $145 JOB CLASSIFICATION HOURLY RATE HOURLY RATE HOURLY RATE SAHS 23/24 24/25 25/26 Construction Foreman $181 $190 $199 Journey Plumber $305 $320 $336 Journey Carpenter $182 $191 $200 Journey Electrician $309 $324 $340 Journey Dry Waller $242 $254 $266 Journey Flooring $235 $247 $259 Journey Concrete $228 $239 $251 Laborer $168 $176 $185 JOB CLASSIFICATION HOURLY RATE HOURLY RATE HOURLY RATE ES 23/24 24/25 25/26 Construction Foreman $181 $190 $199 Journey Plumber $305 $320 $336 Journey Carpenter $182 $191 $200 Journey Electrician $309 $324 $340 Journey Dry Waller $242 $254 $266 Journey Flooring $235 $247 $259 Journey Concrete $309 $324 $340 Laborer $168 $176 $185 JOB CLASSIFICATION HOURLY RATE HOURLY RATE HOURLY RATE EAHS 23/24 24/25 25/26 Construction Foreman $223 $234 $245 Journey Plumber $372 $390 $410 Journey Carpenter $232 $244 $256 Journey Electrician $419 $440 $462 Journey Dry Waller $294 $309 $324 Journey Flooring $263 $276 $289 Journey Concrete $309 $324 $340 Laborer $200 $209 $220 All proposed yearly/hourly rates shall include 3% for incidental/normal material costs 23/24 = July 1, 2023 through June 30, 2024 24/25 = July 1, 2024 through June 30, 2025 24/26 = July 1, 2025 through June 30, 2026 ADDENDUM NO. 1 - EXHIBIT A UNITED BUILDING AND DEVELOPMENT SERVICES LLC PUBLIC FACILITY MAINTENANCE AND REPAIR SERVICES JULY 1, 2023 THROUGH JUNE 30, 2026 ATTACHMENT 3 -- Page 4 of 4