City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-01439 11/14/2023 Consent Item 36.
Supplemental Agreement: North Natomas Aquatics Complex Routine Maintenance and Emergency Repairs
Location: District 1, Represented by Councilmember Kaplan Recommendation: Pass a Motion authorizing the City Manager or the City Manager’s designee to execute Supplemental 3 to City Agreement PRC001649 with National Aquatic Services, Inc. (NAS) for North Natomas Aquatics Complex (NNAC) routine maintenance and emergency equipment repair, bringing the agreement’s total not-to-exceed amount to $500,000 and extending the time of performance to November 30, 2024.
Contact: Sjon Swanson, Recreation Superintendent, (916) 808-6049, [email protected]; Anthony Munoz, Recreation Manager, (916) 808-6251, [email protected], Department of Youth, Parks, & Community Enrichment Presenter: None.
Attachments:
1-Description/Analysis
2-Supplemental Agreement 3 to PRC001649
Description/Analysis
Issue Detail: The Department of Youth, Parks, & Community Enrichment (YPCE) is responsible for the upkeep of the newly built NNAC, which features a 50-meter competition pool, a 25-yard recreation pool, a zero-depth entry splash pool, and waterslides. Within the complex, there is a supporting facility controlling shared chemical tanks and major equipment to keep the pools operating year-round.
In order to provide quality services to city resident, swimming pools must be regularly maintained to ensure safe operational conditions. On December 1, 2021, YPCE executed a contract with NAS for maintenance and repair services at NNAC. The contractor is tasked with pool maintenance on a routine schedule, as well as on an as-needed basis when emergency situations arise. NAS visits the complex two to three times a week to inspect water chemistry and pool equipment to ensure the facility is operating under acceptable conditions. In addition to routine services, NAS helps facilitate county health department inspections, and ensures that all necessary permits are in place.
It has been a year since the complex was turned over from Otto Construction to YPCE’s management. The equipment currently in place only had a one-year warranty, which expired at the end of April 2023. Any major equipment failure will be the primary responsibility of YPCE to fix or replace. YPCE relies heavily on the technical skills and expertise of NAS to keep the aquatics complex up and running.
File ID: 2023-01439 11/14/2023 Consent Item 36.
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. This supplemental agreement exceeds the City Manager’s authority and requires City Council approval in conformance with City Code 3.64.040: City Council approval is required to execute supplemental agreements where the original amount was under $250,000.
Economic Impacts: None.
Environmental Considerations:
California Environmental Quality Act (CEQA): This report concerns administrative activities and governmental fiscal activities that do not constitute a “project” as defined by the CEQA Guidelines Sections 15378(b)(2) and 15378(b)(4) and are not subject to the provisions of CEQA (CEQA Guidelines Section 15060(c)(3)).
Sustainability: Not applicable.
Commission/Committee Action: None.
Rationale for Recommendation: On July 21, 2021, YPCE released Request for Proposal (RFP) 22191521001 to solicit qualified contractors for swimming pool services and equipment maintenance at NNAC. Staff received proposals from USA Pools of California, a division of USA Management, and NAS, Inc. In the RFP process, proposals were thoroughly reviewed and evaluated by a four-member panel from YPCE's Aquatics team and the Department of Public Works, Facilities Division. NAS was determined to be the most qualified contractor to service pools for a municipality based on the following evaluation criteria:
1. Contractor’s overall qualification and experience in the industry and their understanding of routine and emergency services requested in the RFP.
2. Contractor’s Maintenance Team's experience in handling similar projects, critical issues, and possession of necessary certifications to perform.
3. Contractor’s experience with pool services and equipment maintenance.
4. Fee Structure - competitive rates that the contractor charges.
Approving this proposed Supplemental No. 3 would allow for the continuation of routine pool inspections to meet Sacramento County Health requirements. Additionally, pool equipment can be maintained and repaired to avoid the closure of the aquatics complex for public use.
Financial Considerations: The original executed contract, PRC001649, has a not-to-exceed amount of $150,000 and a term end date of November 30, 2022. Subsequently, Supplemental No. 1 and 2 increased the contract's total not-to- exceed amount to $249,999.99 and also extended the contract to November 30, 2023. The proposed Supplemental No. 3 will bring the total not-to-exceed amount to $500,000 and execute the last contract extension to November 30, 2024, provided that sufficient funds are available in the budget adopted for the applicable fiscal year.
Local Business Enterprise (LBE): The selected vendor, NAS, Inc. identified as not an LBE. The minimum LBE requirements were waived as the City has suspended competitive bidding and utilized an alternate procurement method to select a vendor.
SUPPLEMENTAL CONTRACT
Project Title and Job Number: PRC001649 NNCCAC Pool Equipment and Service Date: 11/30/2023 Purchase Order #: 70494 Supplemental Contract No.: 3
The City of Sacramento ("City") and National Aquatics Services, Inc. ("Contractor"), as parties to that certain Non- Professional Services Agreement designated as Contract Number PRC001649, 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:
1. The Time of Performance specified in Exhibit A and Contractor’s Compensation in Exhibit B of the Contract are amended as follows:
Time of Performance shall commence as of December 1, 2021 and extend through November 30, 2024. Contractor’s Compensation shall not exceed the total sum of $500,000.
2. 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/decreased by $250,000.01, and the Contract’s maximum not-to-exceed amount is amended as follows:
Agreement's original not-to-exceed amount: $150,000.00 Net change by previous supplemental contracts: $99,999.99 Not-to-exceed amount prior to this supplemental contract: $249,999.99 Increase/decrease by this supplemental contract: $250,000.01 New not-to exceed amount including all supplemental contracts: $500,000.00
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
Approval Recommended By: Approved As To Form By:
Project Manager Senior Deputy City Attorney
Approved By: Attest:
____________________________________
Contractor Assistant City Clerk
Approved By:
Ryan Moore, Assistant City Manager
City of Sacramento