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HomeMy WebLinkAbout11 - As -Needed General Building Maintenance and Repair ServicesSeptember 26, 2017 Agenda Item No. 11 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Mike Pisani, Municipal Operations Director - 949-644-3055, mpisani@newportbeachca.gov PREPARED BY: Shelby Morgan, Management Assistant smorgan()newportbeachca.gov PHONE: 949-644-3013 TITLE: Approval of Amendment No. One to Agreement with Emilio Ramirez dba RAMCO General Engineering Contractors for As -Needed General Building Maintenance and Repair Services ABSTRACT: City Departments utilize outside contractors to perform general building maintenance and repair services to keep our facilities well maintained. One of the current agreements for this service is with Emilio Ramirez dba RAMCO General Engineering Contractors ("RAMCO"). This contract has a not -to -exceed amount that is insufficient for the work already completed. Staff is requesting an increase in the agreement limit to pay current invoices. RECOMMENDATION: a) Determine that the 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 it will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendment No. One with Emilio Ramirez dba RAMCO General Engineering Contractors for as -needed general building maintenance and repair services, increasing the compensation by $21,000 to $141,000, and authorize the Mayor and City Clerk to sign the agreement. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this purchase. It will be expensed to the appropriate accounts in the Municipal Operations Department. Approve Amendment No. One with Emilio Ramirez dba RAMCO General Engineering Contractors for As -Needed General Building Maintenance and Repair Services September 26, 2017 Page 2 DISCUSSION: On October 24, 2016, MOD entered into two contracts for as -needed general building maintenance and repair services including carpentry, electrical repairs, and other miscellaneous repair work. These contracts were executed with RAMCO and All American Mechanical Contractors ("AAMC'). Following execution of the agreements, staff sought proposals from the two contractors for specialty jobs, and RAMCO, being consistently less expensive, received the majority of the work. Among the work completed by RAMCO was repair and refurbishment of benches on Marine Avenue on Balboa Island, door replacement in fire stations, and a remodel of the emergency Department Operations Center for the Municipal Operations Department. This agreement has met its spending limit; therefore, staff will be sending out another RFP for this service in the very near future, seeking additional contractors at a lower cost. In the interim, there are extra invoices that need to be paid totaling $21,000. To allow the City to pay these remaining invoices, Municipal Operations Department thus recommends Amendment No. One be executed for an additional amount not -to -exceed $21,000. Following this action, no further work will be performed under this agreement. 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 with RAMCO General Engineering Contractors 11-2 ATTACHMENT A AMENDMENT NO. ONE TO ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT WITH EMILIO RAMIREZ FOR AS -NEEDED GENERAL BUILDING MAINTENANCE AND REPAIR SERVICES .THIS AMENDMENT NO. ONE TO ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 26th day of September, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and EMILIO RAMIREZ, a sole proprietor doing business as ("DBA") RAMCO GENERAL ENGINEERING CONTRACTORS ("Contractor"), whose address is 10545 Dale Road, Agua Dulce, California 91390, and is made with reference to the following: RECITALS A. On October 24, 2016, City and Contractor entered into a Professional Services Agreement ("Agreement") for Contractor to perform as needed maintenance and/or repair services for City on an on-call basis ("Project"). B. Since entering into the Agreement, Contractor was asked to perform a higher volume of Work than was originally anticipated. Such Work includes performing as needed maintenance and/or repair services for City on an on-call basis. C. The parties desire to enter into this Amendment No. One to reflect these additional Services or Work not anticipated in the Agreement, and to increase the total compensation NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. COMPENSATION TO CONTRACTOR 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 Letter Proposal 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 Hundred Forty One Thousand Dollars and 00/100 ($141,000.00)." The total amended compensation reflects Contractor's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subcontractor fees, in an amount not to exceed Twenty One Thousand Dollars and 00/100 ($21,000.00). Emilio Ramirez dba RAMCO General Engineering Contractors Page 1 11-3 2. 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] Emilio Ramirez dba RAMCO General Engineering Contractors Page 2 11-4 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTOINEY'S OFFICE Dater 17 By: Aaron C. Harp City Attorney ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon Mayor CONTRACTOR: Emilio Ramirez, a sole proprietor dba RAMCO, General Engineering Contractors Date: By: By: Leilani I. Brown Emilio Ramirez City Clerk Sole Proprietor [END OF SIGNATURES] Emilio Ramirez dba RAMCO, General Engineering Contractors Page 3 11-5