Title
a. Approve and authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute a Non-Standard Agreement with Engineered Products, a Papé Company DBA Overhead Door Company of Salinas, with non-standard provisions in an amount not to exceed $100,000, with a term from April 25, 2023 to April 24, 2026, for on-call maintenance and repairs of automatic and manual doors installed at County facilities.
b. Approve non-standard agreement provisions as recommended by the Director of Public Works, Facilities and Parks; and
c. Authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to sign, subject to prior review and approval as to form by the Office of the County Counsel-Risk Manager, up to three (3) amendments to the agreement provided that said amendments do not significantly change the scope of work or non-standard provisions of the agreement or increase the not to exceed amount by 10% of the original agreement amount. Whereas the total aggregate amount of this agreement will not exceed $130,000.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve and authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to execute a Non-Standard Agreement with Engineered Products, a Papé Company DBA Overhead Door Company of Salinas, with non-standard provisions in an amount not to exceed $100,000, with a term from April 25, 2023 to April 24, 2026, for on-call maintenance and repairs of automatic and manual doors installed at County facilities.
b. Approve non-standard agreement provisions as recommended by the Director of Public Works, Facilities and Parks; and
c. Authorize the Contracts/Purchasing Officer or Contracts/Purchasing Supervisor to sign, subject to prior review and approval as to form by the Office of the County Counsel-Risk Manager, up to 3 amendments to the agreement provided that said amendments do not significantly change the scope of work or non-standard provisions of the agreement or increase the not to exceed amount by 10% of the original agreement amount. Whereas the total aggregate amount of this agreement will not exceed $130,000.
SUMMARY/DISCUSSION:
Public Works, Facilities and Parks (PWFP) wishes to enter into a non-standard agreement with Engineered Products, a Papé Company DBA Overhead Door Company of Salinas (Overhead Door), to provide on-call and scheduled maintenance and repair services for automatic and manual doors at County facilities.
Staff have determined Overhead Door to be capable of providing the required specialty services for commercial and industrial grade roll-up doors to the Monterey County area. On-call response is critical to maintain the safety and security of County assets and occupants. Overhead Door is licensed and qualified to provide the necessary services.
PWFP recommends approval of the proposed non-standard agreement with Overhead Door. The proposed agreement is non-standard due to modifications to provisions at Section 7. Termination - to provide for mutual termination in Section 7.02, at Section 8.0 Indemnification - to provide for indemnification language similar to that which was approved for the Health Department in September 2022, and to eliminate the Professional Liability Insurance requirement from Section 9.03 Insurance Coverage Requirements applicable to licensed business or professional services regulated by the California Business and Professions Code and to eliminate a Miscellaneous Provision regarding the meaning of “Contractor” at Section 16.04. In September 2022, the Board approved similar modifications, including Indemnification language at Section 8.0, for a non-standard agreement between the County and Overhead Door for services provided to the Health Department.
OTHER AGENCY INVOLVEMENT:
The Office of the County Counsel and the Auditor-Controller’s Office have reviewed and approved the proposed non-standard agreement as to form and fiscal provisions, respectively. The Director of PWFP recommends approval of the non-standard Indemnification provision at Section 8.0 and the elimination of the Professional Liability Insurance requirement at Section 9.03 Insurance Coverage Requirements.
FINANCING:
The fiscal year (FY) 2022-23 General Fund 001, Facilities Service Appropriation Unit PWFP054 has sufficient appropriations to cover on-call services (approximately $2,000) and the Unit budget will be reviewed for available funds prior to securing services.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
On-call repair and maintenance services prevent system failures and keep County facilities operational.
Economic Development
Administration
Health & Human Services
X Infrastructure
X Public Safety
Prepared by: Patty Small, MA II (831) 784-5929
Reviewed by: John Snively, Administrative Operations Manager
Lindsay Lerable, Chief of Facilities
Approved by: Randy Ishii, MS, PE, TE, PTOE
Director of Public Works, Facilities and Parks
The following attachment is on file with the Clerk of the Board:
Attachment A - Agreement with Overhead Door