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CITY COUNCIL AGENDA ITEM NO. 3

Meeting Date: February 26, 2008

Subject/Title: A Resolution approving and authorizing the City Manager to execute an amendment to the Contract for Janitorial Services with BSM Services increasing the contract by $15,000, from a total contract amount of $313,635 to $328,635, for additional weekend janitorial work in the Brentwood Community Center through fiscal year 09/10

Prepared by: Mike Azamey, Landscape/Facilities Supervisor

Submitted by: Craig D. Bronzan, Director of Parks and Recreation

RECOMMENDATION
Adopt a Resolution approving and authorizing the City Manager to execute an amendment to the Contract for Janitorial Services with BSM Services increasing the contract by $15,000, from a total contract amount of $313,635 to $328,635 for additional weekend janitorial work in the Brentwood Community Center through fiscal year 09/10.

PREVIOUS ACTION
On September 11, 2007, City Council approved a Contract for Janitorial Services with BSM Services for City Facilities in an amount of $82,800 for remaining FY 07-08 (October 2007 – June 2008), $113,712 for FY 08/09 and $117,123 for FY 09/10.

BACKGROUND
The Parks and Recreation Department went out to bid for janitorial services for City facilities. Requests for Proposals were mailed out on July 13, 2007 to companies neighboring Brentwood and given out to companies who were also interested in bidding. On July 25, 2007, Landscape/Facilities Manager and Landscape/Facilities Supervisor held a mandatory pre-bid meeting and tour of the facilities with interested parties. Final proposals were received on August 17, 2007 from six companies. The base bid requested monthly services for the Brentwood Family Aquatic Complex, Heritage High School (locker/restroom facilities and office), City Hall, Council Chamber, Community Development, Engineer Department, Library, Los Medanos College, Parks & Recreation Offices, Community Center, Police Department, Data Center in PD, Police Substation, Public Work trailers, Corp Yard Mechanic’s Shop, Wastewater Treatment Plant, Parks Trailer, Brentwood Technology Center and Women’s Club.

After careful review of each proposal, interviews were set up for the week of August 20, 2007. The Manager and Supervisor of the Landscape/Facilities division conducted interviews and after much discussion, it was decided to award the work to two separate firms. This decision was made based on the cost savings and being able to have a competitive atmosphere with existing contractors doing janitorial work for the City of Brentwood. This was discussed with both firms (Dependable Janitorial and BMS Services) and they agreed to this arrangement. This decision was made based on qualifications and proposal prices on the various locations.

The Contract was awarded on September 11, 2007 and services commenced October 1, 2007. BSM Services has been performing to the standards outlined in the Contract. While the original Contract contemplated the possibility of this extra work as outlined on Exhibit B of the original Contract, sufficient funds were not included in the not to exceed Contract amount for such work.

FISCAL IMPACT
The $15,000 of additional expenses will be paid for by the facilities service maintenance fund. The breakout of the additional monies over the upcoming fiscal years is as follows:

FY 07/08 $5,000
FY 08/09 $5,000
FY 09/10 $5,000

The funds associated with these additional expenses are included in the 2007/08 -2008/2009 Operating Budget.

ATTACHMENTS
Resolution
Amendment No. 1

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT FOR JANITORIAL SERVICES WITH BSM SERVICES INCREASING THE CONTRACT BY $15,000, FROM A TOTAL CONTRACT AMOUNT OF $313,635 TO $328,635, FOR ADDITIONAL WEEKEND JANITORIAL WORK IN THE BRENTWOOD COMMUNITY CENTER THROUGH FISCAL YEAR 09/10

WHEREAS, in September 2007, the City of Brentwood entered into a Contract for Janitorial Services with BSM Services for City Facilities (the “Contract”); and

WHEREAS, BSM Services has performed to the satisfaction of the City under the Contract; and

WHEREAS, it is necessary to increase the Contract amount from $313,635 to $328,635 to accommodate additional work that was contemplated as a possibility in the Contract, but in which funds were not included in the not to exceed Contract amount for such work; and

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Brentwood hereby approves and authorizes the City Manager to execute an amendment to the Contract to increase the Contract amount from $313,635 to $328,635.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 26th day of February 2008, by the following vote:

AMENDMENT NO. 1 TO CONTRACT FOR JANITORIAL SERVICES
(BSM Services)

This Amendment No. 1 is entered into and effective as of the _______ day of ___________ 2008, amending the contract dated September 11, 2007 (the “Contract”) by and between the City of Brentwood, a municipal corporation of the State of California ("City"), and BSM Services (“Contractor") (collectively, the “Parties”).

RECITALS

A. Although the Contract contemplated the possibility of additional work, sufficient funds were not included in the not to exceed contract amount for such work.

B. The Parties desire to alter the Contract’s scope of work to increase the contract amount by fifteen thousand ($15,000) to a total not to exceed amount of three hundred twenty eight thousand six hundred thirty-five dollars ($328,635)

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:

1. The total not to exceed amount of compensation to be paid to Contractor under the Contract for the Services is hereby increased by fifteen thousand dollars ($15,000) in the manner specified in the attached Exhibit “A” (“Payment”) for a total contract not to exceed amount of three hundred twenty eight thousand six hundred thirty five dollars ($328,635).

2. Except as amended herein, all provisions of the Contract, as may have been amended from time to time, will remain in full force and effect.

3. All requisite insurance policies to be maintained by Contractor pursuant to the Contract, as may have been amended from time to time, will include coverage for this Contract.

4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment.

CONTRACTOR:

By:

Printed Name:

Title:

CITY:

By:
Donna Landeros, City Manager

ATTEST:

By:
Margaret Wimberly, City Clerk

APPROVED AS TO FORM:

By:
Damien B. Brower, City Attorney

EXHIBIT “A”

PAYMENT

BSM Services will provide additional janitorial services as needed for the Brentwood Community Center during the weekends after facility rentals. They will mop, replace supplies in the restrooms, and clean the Blue Room, Kitchen and restrooms.

The total cost of additional work for the remainder of the contract term is $15,000 to be broken down as follows:

Fiscal Year 2007/08 - $5,000
Fiscal Year 2008/09 - $5,000
Fiscal Year 2009/10 - $5,000
 
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