HomeMy WebLinkAbout09 - Amendment No. 1 to On -Call M/RSA for On -Call Electrical Repair ServicesTO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
September 10, 2019
Agenda Item No. 9
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Kyle Brodowski, Facilities and Equipment Manager,
kbrodowski(c)_newportbeachca.gov
PHONE: 949-718-3464
TITLE: Amendment No. One to On -Call Maintenance and Repair Services
Agreements with Academy Electric, Inc. (C-7150-1), Laughlin &
White, Inc. (C-7149-1), and A.C. Pozos Electric Corp. (C-7148-1) for
On -Call Electrical Repair Services
ABSTRACT:
In July of 2017, the City executed three-year on-call agreements with Academy Electric,
Inc., Laughlin & White, Inc., and A.C. Pozos Electric Corp. to perform as -needed electrical
repair services at various City facilities. Since execution, multiple departments have
utilized these on-call agreements for necessary electrical repairs. The requested
amendment extends the term of each of the agreements from three to five years and
increases the total not -to -exceed limit for each agreement from $100,000 to $250,000.
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;
b) Approve Amendment No. One to On -Call Maintenance and Repair Services
Agreement for On -Call Electrical Repair Services with Academy Electric, Inc. to
extend the term of the agreement to five years and increase the not to exceed amount
by $150,000, for a total not to exceed $250,000, and authorize the Mayor and City
Clerk to execute the amendment;
c) Approve Amendment No. One to On -Call Maintenance and Repair Services
Agreement for On -Call Electrical Repair Services with Laughlin & White, Inc. to extend
the term of the agreement to five years and increase the not to exceed amount by
$150,000, for a total not to exceed $250,000, and authorize the Mayor and City Clerk
to execute the amendment; and
d) Approve Amendment No. One to On -Call Maintenance and Repair Services
Agreement for On -Call Electrical Repair Services with A.C. Pozos Electric Corporation
to extend the term of the agreement to five years and increase the not to exceed
amount by $150,000, for a total not to exceed $250,000, and authorize the Mayor and
City Clerk to execute the amendment.
9-1
Amendment No. One to On -Call Maintenance and Repair Services Agreements with
Academy Electric, Inc. (C-7150-1), Laughlin & White, Inc. (C-7149-1), and
A.C. Pozos Electric Corp. (C-7148-1) for On -Call Electrical Repair Services
September 10, 2019
Page 2
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.
DISCUSSION:
The City maintains the electrical systems at nearly 100 facilities. In April of 2017, the City
issued Request for Proposal (RFQ) No. 17-61 for Electrical Repair Services. As a result
of the RFP, the City selected the three top scoring vendors to award three-year on-call
maintenance and repair services agreements with not -to -exceed limits of $100,000 each.
Staff has been pleased with the quality of services received from the selected vendors.
Since execution, the initial estimated contract values have been used up quicker than
anticipated as multiple departments have utilized these on-call agreements for necessary
electrical repairs. Departments including Recreation and Senior Services, Utilities, Fire
and Police each have facilities with electrical service needs.
In addition, many City buildings, garages, and public restrooms are high -use and in close
proximity to the ocean, requiring more frequent maintenance and repairs. The humid and
salty environment is corrosive to electrical circuits, exterior electrical devices, and hi -
voltage service panels.
Further contributing to the higher than anticipated use, some City facilities have exceeded
their useful life and, as a result, have dated electrical systems. The age of the structure
along with the conditions of a corrosive environment can make a simple or routine repair
more complex. In some cases, staff has found it more cost effective to retrofit equipment
and electrical fixtures with new more efficient technology.
Due to the higher than anticipated demand and unexpected needs that arise from multi-
departmental use of these contract services, forecasting these repairs in advance can be
difficult. In order to accommodate the necessary maintenance and repairs moving
forward, and to more effectively cover unanticipated costs from other departments, staff
recommends amending all three current agreements to extend the agreement term from
three to five years and to increase the not to exceed amount by $150,000 for a new total
not to exceed limit of $250,000 each.
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.
9-2
Amendment No. One to On -Call Maintenance and Repair Services Agreements with
Academy Electric, Inc. (C-7150-1), Laughlin & White, Inc. (C-7149-1), and
A.C. Pozos Electric Corp. (C-7148-1) for On -Call Electrical Repair Services
September 10, 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. One to On -Call Maintenance and Repair Services
Agreement with Academy Electric, Inc. (7150-1)
Attachment B —Amendment No. One to On -Call Maintenance and Repair Services
Agreement with Laughlin & White, Inc. (7149-1)
Attachment C —Amendment No. One to On -Call Maintenance and Repair Services
Agreement with A.C. Pozos Electric Corporation (7148-1)
9-3
ATTACHMENT A
AMENDMENT NO. ONE TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT WITH ACADEMY ELECTRIC, INC.
FOR ON-CALL ELECTRICAL REPAIR SERVICES
THIS AMENDMENT NO. ONE TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Agreement") 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 ACADEMY ELECTRIC,
INC., a California corporation ("Contractor"), whose address is P.O. Box 2364 Orange,
CA 92859, and is made with reference to the following:
RECITALS
A. On the 17th day of July, 2017, City and Contractor entered into an On -Call
Maintenance/Repair Services Agreement ("Agreement") to engage Contractor to
perform on-call electrical repair services for City ("Project").
B. City and Contractor desires to enter into this Amendment No. One to extend the
term and to increase the total compensation for Contractor to perform on-call
maintenance and/or repair services for City.
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 June 30, 2022, unless terminated earlier as set forth herein".
2. 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 Two Hundred Fifty Thousand Dollars and 00/100
($250,000.00), without prior written amendment to the Agreement."
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 One Hundred Fifty Thousand Dollars and 00/100 ($150,000.00).
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.
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: GIZ ZLoom
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: (.G, _ 4"X.I— By:
f,r: Aaron C. Harp 1 ->Ll --el' Diane Dixon
City Attorney Mayor
ATTEST:
Date:
NO
Leilani I. Brown
City Clerk
CONTRACTOR: Academy Electric,
Inc., a California corporation
Date:
By:
Diane R.
President
Date:
By:
Gentry
Donald B. Gentry
Secretary and Treasurer
[END OF SIGNATURES]
Academy Electric, Inc. Page 2 9.5
ATTACHMENT B
AMENDMENT NO. ONE TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT WITH LAUGHLIN & WHITE, INC.
FOR ON-CALL ELECTRICAL REPAIR SERVICES
THIS AMENDMENT NO. ONE TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Agreement") 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 LAUGHLIN & WHITE, INC.,
a California corporation ("Contractor"), whose address is 17071 Imperial Highway, Unit
A6 Yorba Linda, CA 92886, and is made with reference to the following:
RECITALS
A. On the 17th day of July 2017, City and Contractor entered into an On -Call
Maintenance/Repair Services Agreement ("Agreement") to engage Contractor to
perform on-call electrical repair services for City owned and operated facilities.
B. City and Contractor desire to enter into this Amendment No. One to extend the
term of the Agreement to June 30, 2022 and to increase the total compensation
for the Contractor to perform on-call maintenance and/or repair services for City
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:
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 June 30, 2022, unless terminated earlier as set forth herein.
2. COMPENSATION TO CONTRACTOR
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant 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. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
Two Hundred Fifty Thousand Dollars and 001100 ($250,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City."
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 One Hundred Fifty Thousand Dollars and 00/100 ($150,000.00).
w.
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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTO NEY'S OFFICE
Date: Z2 Zola
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: By:
Fes{: Aaron C. Harp Diane Dixon
City Attorney Mayor
ATTEST:
Date:
sm
CONTRACTOR: Laughlin & White, Inc.,
a California corporation
Date:
Bv:
Leilani I. Brown Ken White
City Clerk Chief Executive Officer
Date:
Bv:
Derrick Laughlin
Chief Financial Officer
[END OF SIGNATURES]
Laughlin & White, Inc. Page 2 9_7
ATTACHMENT C
AMENDMENT NO. ONE TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT WITH A.C. POZOS ELECTRIC CORPORATION
FOR ON-CALL ELECTRICAL REPAIR SERVICES
THIS AMENDMENT NO. ONE TO ON-CALL MAINTENANCE/REPAIR
SERVICES AGREEMENT ("Amendment No. One"), is made and entered into as of this
2nd day of August, 2019 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and A.C. POZOS
ELECTRIC CORPORATION, a California corporation ("Contractor"), whose address is
2948 Royal Palm Dr. Costa Mesa, CA 92626, and is made with reference to the following:
RECITALS
A. On the 17th day of July, 2017, City and Contractor entered into an On -Call
Maintenance/Repair Services Agreement ("Agreement") to engage Contractor to
perform electrical 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.
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 .
ollows: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 June 30, 2022, unless terminated earlier as set forth herein".
2. 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 Two Hundred Fifty Thousand Dollars and 00/100
($250,000.00), without prior written amendment to the Agreement."
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 One Hundred Fifty Thousand Dollars and 00/100 ($150,000.00).
.;
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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO NEY'S OFFICE
Date: 8 Z Z Zo !CA
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: ak By:
Foe' Aaron C. Harp "1141 Diane Dixon
City Attorney 8-2 z� 11 Mayor
ATTEST:
Date:
in
CONTRACTOR: A.C. Pozos Electric
Corporation, a California corporation
Date:
By:
Leilani I. Brown Anthony C. Pozos
City Clerk CEO and Secretary
[END OF SIGNATURES]
A.C. Pozos Electric Corporation Page 2 9-9