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HomeMy WebLinkAbout22 - Amendment No. 2 to JSA for Janitorial Services at City Facilities (Contract No. 8567-1)Q �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report November 16, 2021 Agenda Item No. 22 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 and Fleet Manager kbrodowski@newportbeachca.gov PHONE: 949-718-3464 TITLE: Approval of Amendment No. Two to Janitorial Services Agreement with Universal Building Maintenance, LLC dba Allied Universal for Janitorial Services at City Facilities (Contract No. 8567-1) ABSTRACT: The current agreement with Universal Building Maintenance, LLC dba Allied Universal (Allied) for the provision of janitorial services at 22 City of Newport Beach (City) buildings and facilities expires on December 31, 2021. The Public Works Department, in coordination with the Finance Department, recently issued a Request for Proposals (RFP); however, due to a lack of consistency between submitted proposals, staff was unable to award a contract and a new procurement process must be conducted. In order to continue to provide the necessary janitorial services while staff solicits new bid proposals, staff is requesting an increase to the not -to -exceed (NTE) amount and a term extension on the current contract. The proposed six-month amendment will increase the NTE by $426,146 for a total NTE of $2,668,164.76. 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. Two to the Janitorial Services Agreement with Universal Building Maintenance, LLC dba Allied Universal to increase the total not -to -exceed amount by $426,146 for a total not -to -exceed amount of $2,668,164.76 and extend the term for six months to June 30, 2022; and c) Authorize the Mayor and City Clerk to execute the amendment. 22-1 Approval of Amendment No. Two to Janitorial Services Agreement with Universal Building Maintenance, LLC dba Allied Universal for Janitorial Services at City Facilities (Contract No. 8567-1) November 16, 2021 Page 2 DISCUSSION: On August 14, 2018, the City Council awarded a three-year agreement to Allied for the provision of recurring janitorial services at 22 City buildings and facilities for a total NTE amount of $2,122,018.76 and term date of June 30, 2021. Janitorial services are provided daily and are needed to keep facilities well maintained and in presentable condition. The Civic Center, Central Library and a few Recreation and Senior Services Department buildings are frequented by the public more than the other sites and require more attention. To address those needs, additional portering services are provided to keep paper supplies stocked, touch-up restrooms, and provide hourly sanitation of touch points such as elevator buttons, countertops and drinking fountains. The Public Works Department has been working with the Finance Department on the preparation of a new RFP process for janitorial services at City facilities. A six-month extension of the existing contract through December 31, 2021 and NTE increase to $2,242,018.76 was necessary while the RFP process was conducted. The objective of the RFP was to consolidate two existing janitorial contracts and create one comprehensive janitorial agreement, which would provide janitorial services for City buildings and beach and park restrooms (currently under a separate agreement). In addition, a request for pricing to supply, deliver and stock bathroom paper and supplies to each restroom citywide was included in the RFP. RFP # 22-11 was published on August 23, 2021 and six proposals were received on September 9, 2021. After review of each proposal, staff noted a lack of consistency between submitted proposals and some issues with how the RFP was structured, which were minor technicalities, but significant enough to mark several proposals as incomplete. In reviewing this item in more detail, staff believes the best path forward is to revise the RFP process and request new bid proposals for this necessary janitorial service. In order to do so, it is necessary to extend the term and increase the NTE amount of the current contract with Allied. Additionally, the current contract does not include janitorial services for the Newport Beach Animal Shelter. This anticipated service is being added into Allied's scope of work through this amendment, as well as will be included in the scope of work for new bids. Staff estimates a monthly cost of $450 to clean the shelter weekly. The monthly cost to clean City buildings at 22 locations plus the Newport Beach Animal Shelter and extra services, such as COVID cleanings and additional portering services ordered for cultural arts events, is approximately $71,024. This proposed contract amendment to increase the term by another six months will increase the NTE amount by $426,146 for a total NTE of $2,668,164.76. The amended contract will expire on June 30, 2022. 22-2 Approval of Amendment No. Two to Janitorial Services Agreement with Universal Building Maintenance, LLC dba Allied Universal for Janitorial Services at City Facilities (Contract No. 8567-1) November 16, 2021 Page 3 FISCAL IMPACT: The adopted budget includes sufficient funding for this service. Expenses will be charged to respective maintenance budgets for each facility. 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. 2 22-3 ATTACHMENT A AMENDMENT NO. TWO TO JANITORIAL SERVICES AGREEMENT WITH UNIVERSAL BUILDING MAINTENANCE, LLC DBA ALLIED UNIVERSAL JANITORIAL SERVICES FOR JANITORIAL SERVICES AT CITY FACILITIES THIS AMENDMENT NO. TWO TO JANITORIAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 16th day of November, 2021 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and UNIVERSAL BUILDING MAINTENANCE, LLC, a California limited liability company DBA ALLIED UNIVERSAL JANITORIAL SERVICES ("Contractor"), whose address is 1551 North Tustin Avenue, Suite 650, Santa Ana, California 92705, and is made with reference to the following: RECITALS A. On July 24, 2018, City and Contractor entered into a Janitorial Services Agreement ("Agreement') to engage Contractor to perform janitorial services for City ("Project'). B. On June 15, 2021, City and Contractor entered into Amendment No. One to the Agreement ("Amendment No. One") to extend the term of the Agreement, to increase the total compensation, and to update the Insurance Requirements of the Agreement. C. The parties desire to enter into this Amendment No. Two to reflect additional Services not included in the Agreement, as amended, to extend the term of the Agreement to June 30, 2022, and to increase the total compensation. 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. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. Two shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 22-4 3. COMPENSATION TO CONTRACTOR Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One, and Exhibit B to this Amendment No. Two shall collectively be known as "Exhibit B." 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 Two Million Six Hundred Sixty Eight Thousand One Hundred Sixty Four Dollars and 761100 ($2,668,164.76), without prior written amendment to the Agreement." The total amended compensation reflects Contractor's additional compensation for additional Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subcontractor fees, in an amount not to exceed Four Hundred Twenty Six Thousand One Hundred Forty Six Dollars and 001100 ($426,146.00). 4. 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. 5. AUTHORITY Each person executing this Agreement on behalf of a corporation or other legal entity warrants that he or she holds the position indicated beneath his or her signature and that he or she has been duly authorized by the corporation or other legal entity to execute this Agreement on its behalf. [SIGNATURES ON NEXT PAGE] UNIVERSAL BUILDING MAINTENANCE, LLC DBA ALLIED UNIVERSAL JANITORIAL SERVICES Page 2 22-5 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:_ JL f o Zc? I CITY OF NEWPORT BEACH, a California municipal corporation Date: By: s" By: n C. Harp (n►A„j0jjt1 Brad Avery Cwy Attorney Mayor ATTEST: CONTRACTOR: UNIVERSAL BUILDING Date: MAINTENANCE, LLC, a California limited liability company DBA ALLIED UNIVERSAL JANITORIAL SERVICES Date: By: Leilani I. Brown By: City Clerk Mark E. Olivas Managing Member [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates UNIVERSAL BUILDING MAINTENANCE, LLC DBA ALLIED UNIVERSAL JANITORIAL SERVICES Page 3 22-6 EXHIBIT A SCOPE OF SERVICES JANITORIAL SERVICES AT CITY FACILITIES FACILITY PROFILE. ANIMAL SHELTER FACILITY #22 FACILITY NUMBER: #22 ADDRESS: 20302 RIVERSIDE DRIVE SITE MANAGER: LISA NEWMAN SITE MANAGER PHONE AND EMAIL: 949-644-3655 LNEWMANPNBPD.ORG SQUARE FOOTAGE (APPROX): 430 NUMBER OF BATHROOMS: 1 PERCENTAGE OF HARD FLOOR/CARPET: NO CARPET CLEANING DAYS: MONDAY AND THURSDAY CLEANING TIMES: BETWEEN 10:OOAM AND 11:OOPM DAILY MINIMUM MAN-HOURS: 2 DAY PORTER SERVICE: NO POST -RENTAL EVENT CLEANING AS -NEEDED BASIS REQUIRED: NO SITE-SPECIFIC REQUIREMENTS: THIS FACILITY IS AN ANIMAL SHELTER AND HOUSES NUMEROUS CATS AND DOGS. PLEASE BE AWARE OF POTENTIAL ALLERGY ISSUES WITH JANITORIAL PERSONNEL. BARKING CAN BE EXCESSIVE AT TIMES. ACCESS TO PROPERTY MAY VARY. UNIVERSAL BUILDING MAINTENANCE, LLC DBA ALLIED UNIVERSAL JANITORIAL SERVICES Page A-1 22.7 EXHIBIT B SCHEDULE OF BILLING RATES UNIVERSAL BUILDING MAINTENANCE, LLC DBA ALLIED UNIVERSAL JANITORIAL SERVICES Page B-1 22.8 Allied Universal Janitorial Services - Citywide Janitorial Services for City of Newport Beach Amendment 2 - 5 Months Contract (Jan 2022 - Jun 2022 'NOT INCLUDED IN THE MONTHLY DAY PORTER COST AND WILL BE BILLED AS REQUESTEO. 22-9