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CC Resolution No. 17-005 Approving a Contract Amendment with Impec Group, Inc., for Janitorial Services and Authorizing an Amendment to FY1617 Annual Operating BudgetRESOLUTION NO. 17-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A CONTRACT AMENDMENT WITH IMPEC GROUP, INC. FOR JANITORIAL SERVICES AND AUTHORIZING AN AMENDMENT TO FY16/17 ANNUAL OPERATING BUDGET TO APPROPRIATE AN ADDITIONAL $35,000 TO PUBLIC WORKS FOR THIS PURPOSE WHEREAS, the City of Cupertino (City), a municipal corporation and general law city duly organized and existing under and pursuant to the laws of the State of California (City) is authorized to enter contracts on its behalf and for the benefit of the City; and WHEREAS, the City completed the formal bidding process for the 2015 Contractual Janitorial Services in June 2015; and WHEREAS, IMPEC GROUP, INC. was selected as the lowest responsible bidder; and WHEREAS, the additional reasons supporting the entrance of the City into the Contract for Janitorial Services is set forth in detail in the staff reports and hearings for June 16, 2015 Council meetings and are incorporated herein by reference; and WHEREAS, on October 4, 2016 the City adopted Ordinance No. 16-2151 City's Minimum Wage Ordinance, effectively increasing the minimum wage to be paid to certain employees of IMPEC GROUP, INC.; and WHEREAS, the consideration by the City Council of the adoption of this Resolution has been duly noticed pursuant to applicable laws and Council provided members of the public an opportunity to comment and be heard and considered all testimony and evidence in connection with the adoption of this Resolution; and WHEREAS, the City Council determines that the adoption of this Resolution is in the public interest. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS: Section 1. Recitals . The City Council does herby find, determine, and resolve that the foregoing recitals are true and correct. Resolution No. 17-005 Page 2 Section 2. Approval and Authorization. The City Council does further resolve that: a. The City Manager is authorized to negotiate and execute the contract amendment with IMPEC Group, Inc., in substantially similar form as presented to Council on January 24, 2017, and is further authorized to negotiate and execute options within the Agreement, subject to future appropriations; and b. The Fiscal Year 2016/2017 Annual Operating Budget is amended to include an increase of $35,000 for the additional costs above the $592,308.75 amount as previously budgeted. Section 3: Effective date: This Resolution is effective immediately upon adoption. PASS ED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 24 th day of January 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council Vaidhyanathan, Paul, Chang, Scharf, Sinks None None None APPROVED: k ~~ Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino 2 FIRST AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF CUPERTINO AND IMPEC GROUP INC. FOR 2015 JANITORIAL SERVICES (PROTECT NO. 2015-23) This First Amendment to the Contract between the City of Cupertino and IMPEC Group, Inc. for reference dated January 24, 2017, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and IMPEC Group, Inc. whose address 3350 Scott Blvd. Bldg. 8, Santa Clara, CA 95054, and is made with reference to the following: RECITALS: A. On June 16, 2015, a contract was entered into by and between City and Contractor (hereinafter "Contract") for routine janitorial services for various City facilities. B. City and Contractor desire to modify the Contract on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Article 3, paragraph 3.1, of the Contract, "Contract Time" is modified to read as follows: The Contract Time will commence to run on July 01, 2015. City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. The term of this contract shall be three (3) years from the start date of the contract. The City shall retain the option to extend the term of the contract on a year-to-year basis not exceeding two (2) years from the expiration date of the original term, for a possible total of five (5) years. Any such renewal after the first three years shall be accomplished by the City providing a written notice of renewal to the Contractor at least 30 days prior to expiration of the term. Any such renewal shall contain the same provisions as the original agreement, including an increase or decrease in material compensation paid to the Contractor based only on the San Francisco Consumer Price Index (CPI-U) for June 2018 as compared to June 2017 and up to $4200 additional per month for every $1 increase in minimum wage above $13.50 per hour. 2. Article 4, paragraph 4.1, of the Contract, "Contract Sum" is modified to read as follows: City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in the completed Schedule of Bid Prices (Document 00400) for all Work completed in calendar year 2016 (Attachment 1, page 1&2). Compensation to Contractor for completion of Work performed during the periods below in accordance with Contract Documents and the minimum wage requirement shall be as follows: a. From January 1, 2017 to June 30, 2017 (6 months) -$331,170.96 (Attachment 2, page 3); b . From July 1, 2017 to December 31, 2017 (six months) -$341,122.14 (Attachment 3, page 4); c. From January 1, 2018 to June 30, 2018 (six months) -$379,250.96 (Attachment 4, page 5). The time periods of July 1, 2017 through June 30, 2018 include a fixed price adjustment of 3%. No additional price adjustment will occur as a result of a change the San Francisco CPI-U through June 30, 2018. 3. The above changes were substantially due to Ordinance No . 215, enacted by the Cupertino City Council on October 4, 2016, wherein the minimum w age was increased from $10.50/hour to $12 .00/hour beginning on January 1, 2017, and increasing again to $13.50/hour on January 1, 2018. 4. Except as expressly modified herein, all other terms and co v enants set forth in the Contract shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Contract to be executed. CONTRACTOR APPROVED AS TO FORM: ~ City Attorney ATTEST: ~ .2/4uit L--(b~7 City Clerk CITY OF CUPERTINO A Municipal Corporation By ~ Title\)1rcz.d... r J ~v'1.IL ~ \Ov-~ RECOMMENDED FOR APPROVAL: By :,~ Title ~~ -~.vv2- Attachment 1 Contract Price July 2015 -December 2016 (Per Contractor submitted Schedule of Bid Prices Document 00400) ITEM I DESCRIPTION I UNIT I EST I Unit Price/Mon. I , .... QTY :rotal/rea,r 2015 JANITORIAL SERVICES Str eet Si de cont ai ners $ 12 $ 713 .66 /Mon . $ 8,563.92 I Months 2 Blackberry Fann/Retreat Bui ld ing $ 12 S 2 ,854.64 /Mon . $ 34,255.70 Mon th City Hall Buildin g s 12 $ 4,400.91 3 /Mon . $ 52 ,810 .87 Months 4 Co mmuni ty Ha ll Building $ 12 $ 1,427.32 /Mo n. s 17,127.85 Month s 5 Creeks id e Par k Bu ild in g $ 12 $ 713 .66 8,563.92 Months /Mon . $ McClellan Ranch Environm ent al Education $ 12 6 $. 1,784 .15 /Mo n. $ 21,409.81 Center Months s 12 S 237 .89 7 Golf Course Restrooms /Mon. $ 2 ,854 .64 Month s 8 Library Buil din g $ 12 $ 8 ,563 .92 /Mon . s 102,767.1 0 Months 9 McClellan Ranch Building & Museum s 12 S 237 .89 S 2 ,854 .64 Months /Mon . Monta Vi sta Recreation & Pre School $ 10 BuiJding s 12 $ 2 ,022 .04 /Mon . $ 24 ,264.45 Mon th s Park Res troom s $ 12 1 ,784 .15 JI /Mon . $ 21,409.81 Mo nth s Port al Park Buil ding $ 12 $ 237.89 $ 2,854 .64 12 /Mon . Month s ,. r 4 ...... t>r, Page 1 of 5 Attachment 1 Contract Price July 2015-December 2016 (Per Contractor submitted Schedule of Bid Prices Document 00400) continued Quinlan Community Center/History Museum $ 13 Building Senior Center Building $ 14 Service Center Building $ 15 16 Sports Center Building $ 17 Wilson Park Building $ : 18 M-F Day Porter $ 19 Call Back For Unscheduled or Emergency $ Cleaning (2 hours per month) 20 Unscheduled Carpet Cleaning $ (50 square feet per month) All. I No. 1 Sa-Su Day Porter I $ --- 12 Months 12 Months 12 Months 12 Months 12 Months 12 Months 12 Months 12 Months $ 6.422 .94 $ 3,330.42 $ 1,665.21 $ 5,233.51 $ 832.60 $ 4,757.74 $ 70 $ 200 12 I $ 1,vvv ,Q.;> Months Total Annual Amount: $592,308.75 (monthly $49,359.06) ~--,· _, /Mon. $ 77,075.32 /Mon. $ 39,964 .98 /Mon . $ 19,982.49 /Mon. $ 62,802.12 /Mon. $ 9,991.25 /Mon. $ 57,092.83 /Mon. $840.00 /Mon. $2,400.00 /Mon. j $ ~. :.:::~:;' · ··• •· Page 2 of 5 Attachment 2: Contract Price January 2017 -June 2017 (inclusive of $12.00/hour minimum wage) ITEM DESCRIPTION UNIT EST QTY Unit Price/Mon. Total/6mon . JANUARY 2017-JUNE 2017 JANITORIAL SERVICES 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Street Side containers Blackberry Farm/Retreat Building City Hall Building Co mmunity Hall Building Creekside Park Building McClellan Ranch Environmental Education Center Golf Course Restrooms Library Building McClellan Ranch Building& Museum Monta Vista Recreation & Pre School Buildings Park Restroom s Po11al Park Building Quinlan Community Center/History Museum Building Senior Center Building Service Center Building Sports Center Building Wilson Park Building M-F Day Porter Call Back For Unscheduled or Emergency Cleaning (2 hours per month) Unscheduled Carpet Cleaning ( 5 0 square feet per month) TOT AU YEAR:$ _______ _ Alt. No. 1 Sa-Su Day Porter $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Month Total Amount: $331,170.96 (monthly $55,195.16) $_798.04_/Mon. $_ 4 ,788 .24 __ $_3 ,192.17_ /Mon. $_ 4 ,921.26_/Mo n . $ _ 1,596 .08 I Mon. $_798 .04_/Mon . $_1,995.10_/ Mon. $_266.02 /Mon $_9,576.50_/ Mon. $_266.02_/Mon. $_2,261.12 I Mon. $_1 ,995.10 __ /Mon. $ 266.02 /Mon. - - $_7.182.37 __ /Mon. $_3 ,724 .20 I Mon. $_1,862.10 __ /Mon. $_5 ,852.31 I Mon. $_931 .04_/Mon. $_5,320.28 __ /Mon. $_78.28 /Mon . $_19,153.02_ $_29,527.56_ $_9,576.48 $_ 4,788.24 __ $_11,970.60_ $_1 ,596 .12 __ $_57,459.00 $_1,596 .12 __ $_13 ,5 66 .72_ $ _ 11 ,970.6 0 __ $_1,596 .12 __ $_ 43,094 .22_ $_22,345.20_ $_11 ,172.60_ $_35,113.86_ $_5 ,586 .24_ $_31,921.68_ $_469 .68 __ $_223.65 _/Mon. $_1,34 1.90 __ $_2 ,089.46__ $_12 ,536 .76 _ /Mon . Page 3 of 5 Attachment 3: Contract Price July 2017 -December 2017 (inclusive of $12.00/hour minimum wage and 3% CPI increase) ITEM DESCRIPTION UNIT EST QTY Unit Price/Mon. Total/Smon. JULY 2017 -DECEMBER 2017 JANITORIAL SERVICES 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Street Side containers Blackberry Farm/Retreat Building City Hall Building Community Hall Building Creekside Park Building McClellan Ranch Environmental Education Center Golf Course Restrooms Library Building McClellan Ranch Building & Museum Monta Vista Recreation & Pre School Buildings Park Restroo ms Portal Park Building Quinlan Community Center/History Museum Building Senior Center Building Service Center Building Sports Center Building Wilson Park Building M-F Day Porter Call Back For Unscheduled or Emergency Cleaning (2 hours per month) Unscheduled Carpet Cleaning (50 square feet per month) TOTAU YEAR:$ _______ _ Alt. No . 1 Sa-Su Day Porter $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months 6 Months Total Amount: $341,122.14 (monthly $56,853.69) $ _ 822 .02 _ /Mon. $_3 ,288.09_ /Mon . $_5 ,069 .14_/Mo n. $_1 ,644.04_/ Mon. $_822.02_/Mon. $_2,055 .05 I Mon . $_4 ,932 .12 __ $_19 ,728 .54_ $_30 ,414.84_ $_9,864.24_ $_ 4,932 .12 __ $_12,330.30_ $_274.01 /Mon $_1,644.06 __ $_9 ,864.26_/ $_59,185.56_. Mon. $_274.01_/Mon. $_1,644 .06 __ $_2 ,329 .06 _/ $_13,974.36_ Mon. $_2,055 .05 $_12 ,33 0 .03 /Mon. $_274.01 _/Mo n. $_1,644.06 __ $_7 ,398.19__ $_44,389.14_ /Mon . $_3,836 .11 I $_23,016.66_ Mon. $_1,918.05 $_11 ,508.83 /Mon . $_6,028.16_/ $_36 ,168.96_ Mon . $_959.02_/Mon. $_5 ,754.12_ $_5,480.15__ $_32,880.09_ /Mon . $_80.63 /Mon. $_ 483.78 $_230.37_/Mon . $_1,382 .22 __ $_2 ,152.25__ $_12 ,913 .50_ /Mon. Page 4 of 5 Attachment 4: Contract price .from January 2018-June 2018 (inclusive of $13.50 /hour minimum wage and no additional CPI increase) ITEM DESCRIPTION UNIT EST QTY Unit Total/6mon. Price/Mon. JANUARY 2018 -JUNE 2018 JANITORIAL SERVICES Street Side $ 6 Months $_913 .90 _/Mon . $_5,483.40 __ containers 2 Blackberry $ 6 Months $_3 ,655 .61 $_21,933.66 Farm/Retreat /Mon. Building 3 City Hall $ 6 Months $_5,635 .74 __ $_33,814.44_ Bui lding /Mon. 4 Community Hall $ 6 Months $_1,827 .80 __ $_I 0,966.83 Building /Mon. 5 Creekside Park $ 6 Months $_913.90_/Mon. $_5,483.41 Building 6 McCle ll an Ranch $ 6 Months $_2,284.76 __ $_13,708.54_ Environmental /Mon. Education Center 7 Golf Course $ 6 Months $_304.64_/Mon. $_1 ,827 .83 Restrooms 8 Library Bui ldin g $ 6 Months $_10 ,966 .83 $_65,800 .97_ /Mon . 9 McClellan Ranch $ 6 Months $_304 .64_/Mon. $_1,827.83 Building & Museum 10 Monta Vista $ 6 Months $_2,589.39 __ $_15 ,5 36.37_ Recreation & Pre /Mon . Schoo l Buildings 11 Park Restroom s $ 6 Months $_2,284.76 __ $_13,708 .54 __ /Mo n. 12 Portal Park $ 6 Months $_304.64_/Mon . $_1,827.83 __ Building 13 Quinlan $ 6 Months $_8,255 .12 --$_ 49 ,350.73 Community /Mon. Center/History Museum Building 14 Sen ior Center $ 6 Months $_ 4,264.89 __ $_25,589.32_ Building /Mon . 15 Service Center $ 6 Months $_2,132.44 __ $_12 ,7 94.66 Building /Mon . 16 Sports Center $ 6 Months $_6,701.96 $_40 ,211.73 Bui lding /Mon . 17 Wilson Park $ 6 Months $_1 ,066 .22 __ $_6,3 97.29 __ Building /Mon . 18 M-F Day Porter $ 6 Months $_6,092.69 __ $_36 ,556 .15 /Mon. 19 Call Back For $ 6 Months $_89.64 $_537.85 -- Unschedu led or /Mon. Emergency Cleaning (2 hours per month) 20 Unscheduled $ 6 Months $_256.12 --$_1,536.70 __ Carpet C leaning /Mon . (50 square feet per month) TOT AU YEAR:$ Alt. No . 1 Sa-Su Day Porter $ 6 Months $_2 ,3 92.81 $_14 ,3 56.87_ /Mo n. 6 Month Total Amount: $379,250.96 (monthly $63,208.49) Page 5 of 5