HomeMy WebLinkAbout04 - Amendment to JSA for Sidewalk Steam CleaningQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
October 22, 2019
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: John Salazar, Field Maintenance Superintendent,
jsalazar@newportbeachca.gov
PHONE: 949-718-3460
TITLE: Approval of Amendment No. Three to Janitorial Services Agreement
with Quality Commercial Cleaning, Inc. for Sidewalk Steam Cleaning
(C-6303)
ABSTRACT:
On June 23, 2015, the City posted a Request for Proposal (RFP) for Steam Cleaning
Services and on September 22, 2015, awarded the five-year contract to Quality
Commercial Cleaning, Inc. dba Spectrum Facility Maintenance ("Spectrum"). Staff
requests approval of Amendment No. Three to accommodate additional steam cleaning
in designated areas and increase the not -to -exceed limit from $1,250,000 to $1,370,000.
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. Three to Janitorial Services Agreement with Quality
Commercial Cleaning, Inc. dba Spectrum Facility Maintenance for sidewalk steam
cleaning services to increase the total not -to -exceed amount by $120,000 for a total
not -to -exceed amount of $1,370,000, and authorize the Mayor and City Clerk to
execute the amendment.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this contract. It will be primarily
expensed to the Steam Cleaning account, 0109021-811032, in the Public Works
Department operation budget. Operating accounts for other City Departments may be
expensed for as needed services.
4-1
Approval of Amendment No. Three to Janitorial Services Agreement with
Quality Commercial Cleaning, Inc. for Sidewalk Steam Cleaning (C-6303)
October 22, 2019
Page 2
DISCUSSION:
Upon execution of the original agreement on September 22, 2015, the steam cleaning
services were limited to high traffic areas such as Balboa Village, Marine Avenue,
McFadden Square, Corona del Mar and the Balboa and Newport Piers. The cleaning
schedule varied from quarterly to twice per week, depending on the location and the time
of year. In December of 2015, Amendment No. One was approved to clarify the
compensation terms. Then, on April 1, 2017, Amendment No. Two was approved to
increase the not -to -exceed total by $100,000, for a total current not -to -exceed limit of
$1,250,000.
On February 2, 2019, at the annual City Council Planning Session, staff received input
from Council and community members to increase sidewalk steam cleaning services to
raise our service level and better meet the expectations of the public. In response to
Council direction, staff immediately increased service levels.
Specifically, Balboa Village cleaning was increased during winter from once per month to
twice per month at an increase cost of $21,420 annually. Staff also increased McFadden
Square steam cleaning from twice per month to weekly cleaning during the summer at an
additional cost of $15,900. Balboa and Newport Piers were previously only cleaned
during the summer and are now cleaned once per month at an additional cost of $1,630.
Other new areas have also been added to a quarterly cleaning schedule including: West
Newport Park Plexiglass, $9,600; Lido Bridge, $1,400; and the perimeters of Balboa and
the Little Island at a cost of $12,000 annually. The total annual increase for the increased
service is $61,950.
In the final year of this five-year agreement, staff recommends approval of Amendment
No. Three to increase the total not -to -exceed amount from $1,250,000 to $1,370,000, for
a total increase of $120,000. The requested amendment is needed to cover the increased
costs for directed higher service levels incurred since last February, plus the new annual
cost for the final contract year. Per the original agreement term, the contract will expire
on September 30, 2020, and will be replaced upon completion of a new competitive
bidding process.
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.
4-2
Approval of Amendment No. Three to Janitorial Services Agreement with
Quality Commercial Cleaning, Inc. for Sidewalk Steam Cleaning (C-6303)
October 22, 2019
Page 3
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).
ATTACHMENTS:
Attachment A — Amendment No. Three to Janitorial Services Agreement with Quality
Commercial Cleaning, Inc. for Sidewalk Steam Cleaning (C-6303)
Attachment B — Pressure Washing Location Map
Attachment C — Pressure Washing Schedule
4-3
ATTACHMENT A
AMENDMENT NO. THREE TO
JANITORIAL SERVICES AGREEMENT
WITH QUALITY COMMERCIAL CLEANING INC. DBA
SPECTRUM FACILITY MAINTENANCE FOR
SIDEWALK STEAM CLEANING
THIS AMENDMENT NO. THREE TO JANITORIAL SERVICES AGREEMENT
("Amendment No. Three") is made and entered into as of this 22nd day of October, 2019
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and QUALITY COMMERICAL CLEANING
INC., doing business as ("DBA") SPECTRUM FACILITY MAINTENANCE, a California
corporation ("Contractor"), whose address is 17510 Studebaker Road, Cerritos, California
90703, and is made with reference to the following:
RECITALS
A. On September 22, 2415, City and Contractor entered into a Janitorial Services
Agreement ("Agreement") to perform janitorial services for City ("Project").
B. On December 21, 2015, City and Contractor entered into Amendment No. One to
clarify compensation terms.
C. On April 1, 2017, City and Contractor entered into Amendment No. Two to increase
compensation to account for a higher volume of Work than was originally
contemplated.
D. The Parties desire to enter into this Amendment No. Three to amend the
compensation from an annual not to exceed amount to a total Agreement not to
exceed amount, to supplement revised Billing Rates, and to amend the project
manager, administration, conflicts of interest, and notices sections.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. COMPENSATION TO CONTRACTOR
Exhibit B to the Agreement shall be supplemented to include the Revised Schedule
of Billing Rates attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work").
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Contractor for the Services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Schedule of Billing Rates
attached hereto 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
One Million Three Hundred Seventy Thousand Dollars and 001100 ($1,370,000.00),
without prior written amendment to the Agreement."
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page 1
HE
The total amended compensation reflects Contractor's additional compensation for
additional Services to be performed in accordance with this Amendment No. Three,
including all reimbursable items and subconsultant fees, in an amount not to exceed One
Hundred Twenty Thousand Dollars and 00/100 ($120,000.00).
2. PROJECT MANAGER
Section 5.1 of the Agreement is amended in its entirety and replaced with the
following: "Contractor shall designate a Project Manager, who shall coordinate all phases
of the Project. This Project Manager shall be available to City at all reasonable times
during the Agreement term. Contractor has designated Mario Costa to be its Project
Manager. Contractor shall not remove or reassign the Project Manager or any personnel
listed in Exhibit A or assign any new or replacement personnel to the Project without the
prior written consent of City. City's approval shall not be unreasonably withheld with
respect to the removal or assignment of non -key personnel."
3. ADMINISTRATION
Section 6 of the Agreement is amended in its entirety and replaced with the
following: "This Agreement will be administered by the Public Works. City's Field
Maintenance Manager or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement."
4. CONFLICTS OF INTEREST
Section 22 of the Agreement is amended in its entirety and replaced with the
following: "22.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
22.2 If subject to the Act and/or Government Code §§ 1094 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section."
5. NOTICES
Section 23.2 & 23.3 of the Agreement are amended in its entirety and replaced
with the following:
"23.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Field Maintenance Manager
Public Works
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page 2
4-5
City of Newport Beach
100 Civic Center Drive
PO Box 1758
Newport Beach, CA 92658
23.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Mario Costa
Quality Commercial Cleaning, Inc. dba Spectrum Facility Maintenance
17510 Studebaker Road
Cerritos, CA 90703"
5. 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]
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page 3
.,o
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'S OFFICE
Date: 0(
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: By:
Fob=Aaron C. Harp
City Attorney
ATTEST:
Date:
In
Leilani I. Brown
City Clerk
Attachments:
Diane B. Dixon
Mayor
CONTRACTOR:
QUALITY COMMERICAL CLEANING
INC., doing business as ("DBA")
SPECTRUM FACILITY MAINTENANCE,
a California corporation
Date:
By:
Mario Costa
Chief Executive Officer/Secretary
[END OF SIGNATURES]
Exhibit B — Schedule of Billing Rates
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page 4
Em
EXHIBIT B
SCHEDULE OF BILLING RATES
Quality Commercial Cleaning Inc. dba Spectrum Facility Maintenance Page B-1
Exhibit B - Revised Billing Rates (Amendment 3)
Effective Date: October 22, 2019
Area
Total Annual Cost
Balboa Village {146,091 sq ft}
$
94,792.77
Increase Balboa Village to Twice per Month (Oct -Apr)
$
21,420.00
Marine Avenue (24,240 sq ft)
$
24,712.19
McFadden Square (35,600 sq ft)
$
76,868.49
Increase McFadden to Weekly (May - Mid September)
$
15,900.00
Corona del Mar (36 trashcans, 39 benches, 6 bus canopies)
$
4,193.23
Balboa Pier (26,706 sq ft)
$
3,603.86
Newport Pier (31,460 sq ft)
$
3,603.86
Increase to Monthly (Year Round)
$
1,630.00
Additional Work
Various Locations - Bird Cleanup
$
13,000.00
West Newport Plexi Glass
$
9,600.00
Lido Bridge
$
1,400.00
Balboa Island & Little Island (Perimeter)
$
12,000.00
Original Scope of Work Subtotal (Bold tine Items)*
$
207,774.40
Additional Scope of Work Subtotal
$
74,950.00
Revised Total Annual Cost
$
282,724.40
Supplemental toll -out rate for special cleaning (2 -hour
$
137.25
minimum, travel time not included)
'Includes approved annual CPI increases
SIDEWALK AND PUBLIC PLAZA PRESSURE WASHING
i West Newport$ 0kk
foi%,Park Plexiglass
�
Newport
Bejo
NO j
d
�r
Citywide Spot Locations — Spills & Bird Cleanup $13k
Lido Bridge $1.4k
Attachment B
NEWPORT
CENTER
Newport Pier & $96k ,_14io isle
McFadden Square 0 Marine Ave $25k
� BALB
fol PENIN; Balboa Village$95k • �1[iiti\- a
0
Balboa Island & $12k
Little Island Boardwalks
Total Annual Cost
Balboa Pier $3.6k c • 0 N A
$4.2k) CdM Plaza, Bus M A R
11
Canopy and Benches 3
.:jig.• ucjert
InspirationPoin
4-10
ATTACHMENT C
SIDEWALK AND PUBLIC PLAZA PRESSURE WASHING
LOCATION
SUMMER
FALL - SPRING
YEAR ROUND
BALBOA VILLAGE
ONCE WEEKLY
ONCE MONTHLY
BALBOA & NEWPORT PIER
ONCE MONTHLY
ONCE QUARTERLY
ENDS OF THE PIERS
ONCE WEEKLY
ONCE MONTHLY
VARIOUS LOCATIONS - BIRD CLEANUP
ONCE WEEKLY
CORONA DEL MAR FURNITURE
(PLAZA, BUS CANOPY, & BENCHES)
ONCE MONTHLY
WEST NEWPORT PARK PLEXIGLASS
ONCE QUARTERLY
LIDO BRIDGE
ONCE QUARTERLY
BALBOA ISLAND & LITTLE ISLAND
ONCE QUARTERLY
MARINE AVE
TWICE A MONTH
McFADDEN SQUARE
TWICE A MONTH
McFADDEN SQUARE (MEMORIAL)
TWICE A WEEK
4-11