DATE: December 5, 2017
SUBJECT:
Title
RESOLUTION AUTHORIZING AMENDMENT NO. 2 TO AGREEMENT WITH AZTEC LANDSCAPING, INC. FOR AS-NEEDED PRESSURE WASHING SERVICES, INCREASING THE MAXIMUM AMOUNT PAYABLE UNDER THE AGREEMENT BY $1,144,208.14 FOR A NEW MAXIMUM AMOUNT OF $1,319,208.14
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EXECUTIVE SUMMARY:
On September 6, 2017 the County of San Diego public health officer declared a local public health emergency due to the ongoing Hepatitis A outbreak in the county. On October 13, 2017, Governor Edmund G. Brown Jr. issued an emergency proclamation for the State of California due to the outbreak.
In an effort to prevent the spread of Hepatitis A on Tidelands, Staff developed an action plan that includes weekly pressure washing of select benches, tables, trash cans and sidewalks with an approved disinfectant solution. In support of this action plan, staff requests authorization to execute Amendment No. 2 to an existing agreement with Aztec Landscaping, Inc. for As-Needed Pressure Washing Services, increasing the total amount by $1,144,208.14 for a new total amount of $1,319,208.14.
RECOMMENDATION:
Recommendation
Adopt a Resolution authorizing Amendment No. 2 to the agreement with Aztec Landscaping Inc. for As-Needed Pressure Washing Services, increasing the maximum amount payable under the agreement by $1,144,208.14 for a new maximum amount of $1,319,208.14.
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FISCAL IMPACT:
This expenditure was not anticipated during the development of the FY 17/18 Operating budget; however, $1.0 million has been identified in the District’s FY 17/18 contingency fund budget under the Non-Personnel expense appropriation within the Other Miscellaneous Operating expense account. The remaining $144 thousand will be funded from other Non-Personnel Expense savings from various departments. There are no ongoing costs associated with this expenditure.
Compass Strategic Goals:
This agenda item supports the following Strategic Goals, by working to prevent the spread of Hepatitis A on tidelands.
• A Port with a healthy and sustainable bay and its environment.
• A Port that is a safe place to visit, work and play.
DISCUSSION:
On July 1, 2015 the District entered into a four (4) year agreement with Aztec Landscaping, Inc. (Aztec) for As-Needed Pressure Washing Services in an amount not to exceed $86,161.81. The agreement is used to provide pressure washing services for the Sprung Structure at the Cruise Ship Terminal, and at various other as-needed areas. Services include blowing areas free of debris, laying down waddles to prevent storm drain runoff, pressure washing, vacuuming of excess water, and removing excess water and dumping it off site, in accordance with stormwater BMPs. The agreement expires on June 30, 2019.
On September 6, 2017 the San Diego County public health officer declared a local public emergency due to the ongoing Hepatitis A outbreak in the county. On October 13, 2017, Governor Edmund G. Brown Jr. issued an emergency proclamation for the State of California due to the outbreak.
In an effort to prevent the spread of illness on Tidelands, Staff developed an action plan that includes weekly pressure washing with an approved disinfectant solution for benches, tables, trash cans and sidewalks from the Coast Guard Station south to Cesar Chavez Park, including Linear Park. On October 18, 2017, Amendment No. 1 was executed, adding $88,838.19 for a new total of $175,000 to execute pressure washing in accordance with Staff’s action plan.
At the November 14, 2017 Board of Port Commissioners Meeting, President & CEO Randa Coniglio notified the Board in the President’s Report that due to the local and State emergency declarations, she directed staff to continue pressure washing activities in response to said declarations, until an amendment could be brought before the Board to increase funding in the agreement. In order to execute increased pressure washing in accordance with Staff’s action plan thru the end of the current fiscal year, the As-Needed Pressure Washing Services agreement with Aztec Landscaping, Inc., will need to be increased by $1,144,208.14.
Staff requests authorization to execute Amendment No. 2 to the agreement with Aztec Landscaping, Inc., for As-Needed Pressure Washing Services, increasing the total amount by $1,144,208.14 for a new total of $1,319,208.14.
General Counsel’s Comments:
The Office of the General Counsel has reviewed the agreement and approves as to form and legality.
Environmental Review:
The proposed Board action to authorize an agreement with Aztec Landscaping, Inc. for as-needed pressure washing services is Categorically Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (Class 1 - Existing Facilities) and Section 3.a of the District’s Guidelines for Compliance with CEQA because the project in question will involve no expansion of use beyond that previously existing. No further action under CEQA is required.
The proposed Board action complies with Section 87 of the Port Act, which allows for construction, reconstruction, repair, maintenance, and operation of public buildings public assembly and meeting places, convention centers, parks, playgrounds, bathhouses and bathing facilities, recreation and fishing piers, public recreation facilities, including, but not limited to, public golf courses, and for all works, buildings, facilities, utilities, structures, and appliances incidental, necessary, or convenient for the promotion and accommodation of any of those uses. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed Board action is consistent with the Public Trust Doctrine.
In addition, the proposed Board action is considered “excluded development” pursuant to Section 8.a (Existing Facilities) of the District’s Coastal Development Permit Regulations; therefore, issuance of a Coastal Development Permit is not required.
Equal Opportunity Program:
Due to limited sub opportunities, no Small Business Enterprise goal was established for this agreement.
PREPARED BY:
Amy Tigri
Management Analyst, General Services
Attachment(s):
Attachment A: Agreement with Aztec Landscaping, Inc. for As-Needed Pressure Washing Services
Attachment B: Amendment No. 1 to Agreement with Aztec Landscaping, Inc.
Attachment C: Draft Amendment No. 2 to Agreement with Aztec Landscaping, Inc.