REPORT TO COUNCIL
SUBJECT
Title
Action on the Services Agreement with Bay Pro for Landscaping Services at Water and Sewer Utilities facilities, with a Maximum Compensation Amount of $410,000
Report
COUNCIL PILLAR
Deliver and Enhance High-Quality Efficient Services and Infrastructure
BACKGROUND
The Water and Sewer Utilities Department (Department) is responsible for maintaining landscaping at thirty-two (32) water wells and storage tanks and four (4) sewer pump/lift stations sites. To provide more time for staff to carry out their primary responsibilities, the Department has outsourced the landscaping work over the past five years. The previous agreement expired on June 30, 2024.
Following a Request for Bids (RFB), as described below, the Department entered into a new agreement with Bay Pro with services starting on July 1, 2024. The agreement has an initial term of one year with five one-year options, for a total term of six years. The maximum compensation for the initial year is $60,000 ($53,240 plus $6,760 as contingency for additional services), which falls under the City Manager’s authority. The landscaping work consists of routine landscaping maintenance and supplemental services provided on an as-needed basis.
DISCUSSION
Pursuant to City Code Section 2.105.140(d), a formal Request for Bids (RFB) was conducted as the solicitation method for this procurement with an award to the lowest responsive and responsible bidder.
On February 9, 2024, staff issued the RFB for landscaping services using the City’s e-procurement system. Six bids were received as follows:
Bidder Bid Price
Bay Pro $53,240
BrightView Landscape Services, Inc. $62,000
Falkon Motorsports $75,484
New Image Landscape $79,735
Bayscape Landscape Management $82,360
SJCC+CC $306,462
Staff awarded the contract to Bay Pro as the lowest responsive and responsible bidder. Bay Pro is required to pay applicable prevailing wages for work performed under the contract.
Having reviewed Bay Pro’s performance and finding it acceptable, staff is now seeking City Council approval to exercise the options to extend the term of the agreement through June 30, 2030, and to increase the maximum compensation by an additional $350,000 for a total maximum compensation of $410,000, inclusive of any price adjustments that may be requested by Bay Pro after the initial year.
ENVIRONMENTAL REVIEW
This project being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to section 15301 of Title 14 of the California Code of Regulations as the activity consists of the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of the use beyond that presently existing.
FISCAL IMPACT
The initial twelve (12) month term of the Agreement started on July 1, 2024, and will end on June 30, 2025, with five (5) one-year options to extend the terms of the agreement. The not-to-exceed amount for the initial term is $60,000, allowing for additional maintenance tasks.
The Agreement with Bay Pro includes fixed rates for routine landscape services and supplemental services. Bay Pro may request annual adjustments to the compensation after the initial twelve (12) month term and each anniversary thereafter by an amount no greater than the percentage increase in the Consumer Price Index-Urban Wage Earners and Clerical Workers (Landscaping and Groundskeeping Workers), published by the United States Bureau of Labor Statistics from the immediately preceding calendar year times the rates and charges in effect for the immediately preceding calendar year. Bay Pro must submit a written request to City thirty (30) days prior to the expiration date of the current term.
There is sufficient funding budgeted in the Water and Sewer Utility Funds to cover the current year term. Funding for the new Agreement will be incorporated as part of the annual budget process.
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
1. Determine the proposed actions are exempt from CEQA pursuant to Section 15301 (Class 1 -Existing Facilities) and of Title 14 of the California Code of Regulations;
2. Authorize the City Manager or designee to negotiate and execute an agreement with Bay Pro (Agreement) to provide for landscaping services at water wells, storage tanks, and sewer pump/lift station sites for up to five years, with a maximum compensation of $410,000, subject to the approval as to form by the City Attorney; and
3. Authorize the City Manager or designee to take any actions as necessary to implement and administer the Agreement and to negotiate and execute amendments to the Agreement to (a) increase the maximum compensation amount by $350,000 for a revised maximum compensation amount of $410,000, (b) add or delete services consistent with the scope of services, and (c) exercise up to five one-year options to extend the term of the Agreement through June 30, 2030, subject to appropriation of funds and review and approval as to form by the City Attorney.
Staff
Reviewed by: Gary Welling, Director, Water & Sewer Utilities
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Agreement for Services Between the City of Santa Clara and Bay Pro