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.
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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)
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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."
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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