City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01108 June 14, 2022
Title: Contract Supplement No. 2: Pond Maintenance and Testing in Parks
Location: Citywide
Recommendation: Pass a Motion: 1) authorizing the City Manager or the City Manager’s designee to execute Supplemental No. 2 to City Agreement No. PRC001551 with Solitude Lake Management, LLC. for pond maintenance and testing in City parks for a second year in the amount of $139,595, bringing the two-year contract period not-to-exceed amount to $310,342; 2) authorizing the City Manager or the City Manager's designee to execute up to one additional year for an amount not-to-exceed $456,861 over a three-year period provided sufficient funds are available in the budget adopted for the applicable fiscal year.
Contact: Shawn C. Aylesworth, Park Maintenance Manager, (916) 808-4070, [email protected]
, Youth, Parks, & Community Enrichment Department
(YPCE)
Presenter: None
Attachments:
1-Description/Analysis
2-Contract Supplement No. 2 – Solitude Lake Management, LLC
Description/Analysis
Issue Detail: YPCE is responsible to maintain an aesthetically pleasing condition of ponds within various City parks. Pond maintenance and water quality monitoring is critical to the long- term health of the park ponds. Without a quality maintenance program, the ponds will degrade within five to seven years. Pond maintenance and testing is also necessary to protect public health, safety, and welfare.
Policy Considerations: The recommendations in this report are in accordance with the provisions of the City Code 3.56 related to the purchase of services and supplies.
Economic Impacts: Not applicable.
Environmental Considerations:
California Environmental Quality Act (CEQA): Continuing maintenance activities, such as pond maintenance and testing, are not considered a “project” for the purposes of CEQA pursuant to Section 15378(b)(2) of the CEQA Guidelines (Title 14 Cal. Code Reg. § 15000 et seq.). Therefore, no environmental review is necessary.
Sustainability: The use of natural biological chemicals, that do not harm plants or animals is required for this contract.
Commission/Committee Action: None.
Rationale for Recommendation: On June 15, 2021, YPCE, in accordance with City Code Chapter 3.56 issued Invitation for Bid No. B21191311009 for Pond Maintenance and Testing in City Parks.
The City received two responses. The lowest responsive and responsible bidder was determined to be Solitude Lake Management, LLC. A summary of the bid results is provided below:
Company Bid Amount LBE
Solitude Lake Management, LLC $418,785 Yes
Thunder Mountain Enterprise, Inc. $671,418 Yes
Financial Considerations: The original contract for the period beginning August 2021, had a not-to-exceed amount of $139,595. Supplement No. 1 increased the contract total to $170,747; The proposed Supplement No. 2 in the amount of $139,595 would increase the agreement not-to-exceed amount to $310,342 and execute the first contract extension through June 30, 2023. Provided sufficient funds are available in the budget adopted for the applicable fiscal year, the final extension of the contract may be executed through June 30, 2024, for a total not-to-exceed $456,861 over the three-year contract.
Local Business Enterprise (LBE): Solitude Lake Management, LLC. met the LBE requirement by identifying Alpha Analytical Laboratories, a local business, as the supplier they will utilize for water quality testing, meeting the 5% minimum LBE requirement.
SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
Project Title and Job Number: Pond Maintenance & Testing in Parks Date: 05/23/2022 Purchase Order #: 0000062953 Supplemental Contract No.:2 The City of Sacramento ("City") and Solitude Lake Management, LLC("Contractor"), as parties to that certain Non-Professional Services Agreement designated as Contract Number PRC001551, including any and all prior supplemental contracts modifying the contract (the contract and all supplemental contracts are hereafter collectively referred to as the "Contract"), hereby supplement and modify the Contract as follows:
The Scope of Services specified in Exhibit A of the Contract is amended as follows:
Contract is extended through June 30, 2023.
In consideration of the additional and/or revised services described in section 1, above, the maximum not-to-exceed amount that is specified in Exhibit B of the Contract for payment of Contractor's fees and expenses, is increased by $139,595, and the Contract’s maximum not-to-exceed amount is amended as follows:
$139,595
$31,152
$170,747
$139,595
Agreement's original not-to-exceed amount:
Net change by previous supplemental contracts:
Not-to-exceed amount prior to this supplemental contract:
Increase by this supplemental contract:
New not-to exceed amount including all supplemental contracts: $310,342
3. Contractor agrees that the amount of increase or decrease in the not-to-exceed amount specified in section 2, above, shall constitute full compensation for the additional and/or revised services specified in section 1, above, and shall fully compensate Contractor for any and all direct and indirect costs that may be incurred by Contractor in connection with such additional and/or revised services, including costs associated with any changes and/or delays in schedules or in the delivery of other services by Contractor.
4. Contractor warrants and represents that the person or persons executing this supplemental contract on behalf of Contractor has or have been duly authorized by Contractor to sign this supplemental contract and bind Contractor to the terms hereof.
5. Except as specifically revised herein, all terms and conditions of the Contract shall remain in full force and effect, and Contractor shall perform all of the services, duties, obligations, and conditions required under the Contract, as supplemented and modified by this supplemental contract. [SIGNATURES ON FOLLOWING PAGE]
SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
Approval Recommended By: Approved As To Form By:
City Attorney
Approved By: Attest:
____________________________________
Contractor City Clerk
Approved By:
,
City of Sacramento
As required by written contact
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy No. 1WCI Endorsement No. Endorsement Effective 1/ 1/202 Insured Premium INCL.
Countersigned By
Insurance Company ARCH INSURANCE COMPANY
DATE OF ISSUE: 0 -2
WC 00 03 13
(Ed. 4-84)
1983 National Council on Compensation Insurance.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84)
POLICY NUMBER: 1WCI
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
ANY PERSON OR ORGANIZATION WHERE WAIVER OF OUR RIGHT TO
RECOVER IS PERMITTED BY LAW AND IS REQUIRED BY WRITTEN
CONTRACT PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO DATE OF LOSS.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy No. WCI Endorsement No. Endorsement Effective 1/ 1/202 Insured Premium INCL.
Countersigned By
Insurance Company ARCH INSURANCE COMPANY
DATE OF ISSUE: 0 -2
WC 00 03 13
(Ed. 4-84)
1983 National Council on Compensation Insurance.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84)
POLICY NUMBER: WCI
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
ANY PERSON OR ORGANIZATION WHERE WAIVER OF OUR RIGHT TO
RECOVER IS PERMITTED BY LAW AND IS REQUIRED BY WRITTEN
CONTRACT PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO DATE OF LOSS.