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HomeMy WebLinkAbout10 - Amendment No. 1 to On -Call M/RSA for Roll -Up Door Preventative Maintenance and As -Needed RepairsQ SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report September 10, 2019 Agenda Item No. 10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Kyle Brodowski, Facilities & Equipment Manager, kbrodowski(a)_newportbeachca.gov PHONE: 949-644-3464 TITLE: Amendment No. One to On -Call Maintenance and Repair Services Agreement for Roll -Up Door Preventative Maintenance and As -Needed Repairs with Excel Door and Gate Company, Inc. ABSTRACT: In March of 2018, the City executed a two-year on-call agreement with Excel Door and Gate Company, Inc. to perform roll -up door maintenance and repair services at various City facilities. Since the execution of the agreement, ongoing maintenance for our facilities including Fire Stations, Libraries, Maintenance Yards, Marina Park, Oasis Senior Center and unforeseen emergency repairs has exceeded initial anticipated needs. The requested amendment extends the agreement term from two to five years and increases the total not to exceed limit from $120,000 to $500,000. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendment No. One to On -Call Maintenance and Repair Services Agreement for roll -up door preventative maintenance and as -needed repairs with Excel Door and Gate Company, Inc. to extend the term of the agreement to five years and increase the not to exceed amount by $380,000 for a total not to exceed amount of $500,000, and authorize the Mayor and City Clerk to execute the amendment. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for these services. It will be expensed to the Facility Maintenance account in the Public Works Department, 0109041- 851016, or other Department maintenance accounts as services are used. 10-1 Amendment No. One to On -Call Maintenance and Repair Services Agreement for Roll -Up Door Preventative Maintenance and As -Needed Repairs with Excel Door and Gate Company, Inc. September 10, 2019 Page 2 DISCUSSION: Many City facilities including fire stations, City yards, and community centers including the Civic Center, Marina Park, and Oasis Senior Center have large roll -up, sliding, and exterior swing doors that require service for safe and proper operation. In February of 2018, the City issued Request for Proposal (RFP) No. 18-34 for roll -up door maintenance and repair services. As a result of the RFP, the City selected Excel Door and Gate Company, Inc. and awarded a two-year on-call maintenance and repair services agreement with a not to exceed limit of $120,000. The contract includes a set amount of regular and routine door maintenance as well as an allowance for emergency and other needed door repairs. Since the execution of the agreement, ongoing maintenance of specialized doors at our City facilities as well as unforeseen emergency door repairs has exceeded initial anticipated needs. Emergency repairs at Fire Station No. 3, replacement of double glass doors at the Civic Center, and the replacement of electric door motors at the Corporation Yard are a few examples of the unanticipated repairs that have required the use of these on-call services. Additionally, other Departments' needs for door services have been higher than originally projected, resulting in a Citywide annual door services and maintenances need of around $100,000 per year rather than $60,000. Staff has been pleased with the quality and timeliness of services received from this vendor to date. In order to accommodate the necessary maintenance and repairs moving forward, staff recommends amending the current agreement with Excel Door and Gate Company, Inc. to extend the agreement term from two to five years and to increase the not to exceed amount by $380,000 for a new total not to exceed limit of $500,000. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A —Amendment No. One to On -Call Maintenance and Repair Services Agreement (C-7381-1) 10-2 ATTACHMENT A AMENDMENT NO. ONE TO ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT WITH EXCEL DOOR & GATE COMPANY, INC. FOR ROLL -UP DOOR PREVENTATIVE MAINTENANCE AND AS -NEEDED REPAIRS THIS AMENDMENT NO. ONE TO ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 10th day of September, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Excel Door & Gate Company, Inc., a California corporation ("Contractor"), whose address is 13242 Solomon Peak Dr. Riverside, CA 92503, and is made with reference to the following: RECITALS A. On March 2, 2018, City and Contractor entered into an On -Call Maintenance/Repair Services Agreement ("Agreement") to engage Contractor to perform on-call maintenance and/or repair services for City ("Project"). B. City desires to enter into this Amendment No. One to extend the term and increase the total compensation for Contractor to perform on-call maintenance and/or repair services for City ("Project"). C. City and Contractor mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on March 1, 2023, unless terminated earlier as set forth herein." 2. COMPENSATION TO CONTRACTORS Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Contractor for the Services in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached to Agreement as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Five Hundred Thousand Dollars and 001100 ($500,000.00), without prior written amendment to the Agreement." 10-3 The total amended compensation reflects Contractor's additional compensation for an increase in the volume of Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subcontractor fees, in an amount not to exceed Three Hundred Eighty Thousand Dollars and 001100 ($380,000.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Excel Door & Gate Company, Inc. Page 2 10-4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:87Zo CITY OF NEWPORT BEACH, a California municipal corporation Date: By: JA - 2k By: ,,,,..Aaron C. Harp H" Diane B. Dixon City Attorney Mayor ATTEST: Date: in CONTRACTOR: Excel Door & Gate Company, Inc., a California corporation Date: By: Leilani I. Brown Rodwell Pascascio Sr. City Clerk President Date: By: Michelle Pascascio Secretary [END OF SIGNATURES] Excel Door & Gate Company, Inc. Page 3 10-5