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03.10 City Fountains Maintenance 2018-221. SUBJECT Contract with Advanced Aquatic Technology, Inc. for regular maintenance and repair of City fountains. 2. SUMMARY This contract provides regular, ongoing maintenance and repair of the City's five fountains. The contract term is four years from March 2018 through February 2022. 3. RECOMMENDED ACTION Approve contract with Advanced Aquatic Technology, Inc. for an amount not to exceed $78,232.20 and authorize the Mayor and the City Clerk to execute on behalf of the City. 4. FISCAL IMPACT Funds are available to cover the costs for services for the remainder of FYI 8 as follows: 100.7022.51420.00000 Maintenance Contracts Funding for future fiscal years is dependent upon approval of the annual operating budget in subsequent years. 5. STRATEGIC PLAN GOAL(S) 3. Enhance and promote quality of life in the community a. Refurbish, maintain, develop and/or expand public use places and spaces. 6. GENERAL PLAN IMPLEMENTATION Natural Resources Element Goal 5.1: Maintain existing City parks at levels that provide maximum recreational benefit to City residents. 7. DISCUSSION and BACKGROUND Background The City circulated a Request for Proposals (RFP) in March 2016 for maintenance of the five City fountains located at Plaza Park, the Main Library, City Hall, and Veteran's Memorial at Depot Park. Three (3) bids were received on March 31, 2016 with California Waters submitting the lowest responsible bid. The three bidders, their location, and their annual bid amounts are as follows: 1. California Waters Development, Inc. Yorba Linda, CA $ 15,120 2. Advanced Aquatic Technology, Inc. Orange, CA $ 17,040 3. Water Systems Maintenance, Inc. Orange, CA $ 27,030 The City Council approved an agreement with California Waters for a four -year term, September 1, 2016 through August 31, 2020. Discussion The agreement with California Waters was terminated in December 2017 due to the contractor's failure to meet the maintenance standards required in the agreement after several attempts were made to gain compliance. At the time of this determination, it had been less than eighteen months since the beginning of the agreement, allowing City staff to revert to the original bids received through the public bid process rather than circulate another RFP for the services. Staff asked the next lowest bidder if they would agree to honor their bid and to enter into an agreement with the City to perform the fountain maintenance. The next lowest bidder is Advanced Aquatic Technology, Inc. who has satisfactorily performed this same maintenance work in the past for the City. Upon terminating the agreement with California Waters, Advanced Aquatic Technology, Inc. began assuming the fountain maintenance responsibilities under a purchase order to cover three months of service through February, until a new agreement could be executed by March 2018. The new agreement with Advanced Aquatic Technology, Inc. will be structured similarly to the previous agreement with California Waters, Inc. The agreement will be for four years with a two percent cost of living increase annually, and include an additional annual amount of $2,000 for ITEM 2 2/13/18 repairs. The total not to exceed amount of the agreement for the remainder of Fiscal Year 18 is $6,680 which includes $1,000 for a repair contingency. The monthly amount for regular maintenance of all fountains will be $1,420 for an annual amount of $17,040. The amount for regular maintenance for the total four -year term of the agreement will be $70,232.20. The total not to exceed amount of the four -year agreement, to include the $2,000 annual amount for repairs will be $78,232.20. The agreement will be effective March 1, 2018 and terminate February 28, 2022. The first four months of service in FY18, at a cost of $6,680, will be funded within the existing Parks Division general fund operating budget. The remaining term of the contract is dependent upon City Council approval of sufficient funds as part of the annual budget process for FY 19 through FY22. 8. ATTACHMENTS Maintenance Services Agreement ITEM 3 2/13/18 CITY COUNCIL MINUTES FEBRUARY 13, 2018 3. CONSENT CALENDAR (Continued) 3.6 Designation of alternate Board Member for the Metro Cities Fire Authority. (OC 1300.A) ACTION: Designated Susan Galvan as the City's alternate voting board member to the Metro Cities Fire Authority. 3.7 Agreement with Pyro Spectaculars, Inc. for fireworks display at the City of Orange Third of July Celebration. (A2100.0; AGR- 3516.N) ACTION: Approved a revised five -year agreement with Pyro Spectacular, Inc. in an amount not -to- exceed $87,500, and authorized the Mayor and the City Clerk to execute on behalf of the City. 3.8 First Amendment to Agreement No. 6400.A with Cornerstone Communications for membership to Behind the Badge OC, in the amount of $48,000. (A2100.0; AGR - 6400.A.1) ACTION: Approved Amendment with Cornerstone Communications in an amount not- to- exceed $48,000 and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. 3.9 Amendment No. 1 to Consultant Services Agreement No. 6370 with Secoy Architect, Inc., for additional Professional Services for Council Chamber Remodel Project. (A2100.0; AGR - 6370.1) ACTION: Approved Amendment No. 1 to the existing Secoy Architect, Inc., Consultant Services Agreement and increase the contract amount by $25,500; and authorized the Mayor and City Clerk to execute the Amendment on behalf of the City. 3.10 Contract with Advanced Aquatic Technology, Inc. for regular maintenance and repair of City fountains. (A2100.0; AGR -6573) ACTION: Approved a four -year contract with Advanced Aquatic Technology, Inc. for an amount not -to- exceed $78,232.20; and authorized the Mayor and the City Clerk to execute on behalf of the City. 3.11 Purchase of Four Storage Area Network (SAN) Fabric Switches from Sidepath, Inc. (C2500.J) NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with employment. ACTION: Approved the purchase of four SAN Fabric Switches from Sidepath, Inc. in the amount of $92,742.14; and authorized the appropriation of $12,750 from Information Technology (790) unreserved fund balance to account number 790.1601.56033.20293. 3.12 Cooperative agreement with the City of Anaheim for the design and construction of the 16" water main on Orangewood Avenue. (A2100.0; AGR -6575) ACTION: Approved the Cooperative Agreement for the design and construction of the 16" water main on Orangewood Avenue from State College Boulevard to Eckhoff Street. PAGE 4