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2025-26 Desert Limnologists, Inc. dba Southwest Aquatics - Amend 3 Lake Maint. Services Project 2019-11MEMORANDUM DATE: May 7, 2025 TO: Jon McMillen, City Manager FROM: Dianne Hansen, M&O Superintendent Cv Q"&a CALIFORNIA RE: Desert Limnologists, Inc., dba Southwest Aquatics, Civic Center Lake Maintenance Services; Project No 2019-11 Amend 3 Please list the Contracting Party / Vendor Name, any change orders or amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name. Authority to execute this agreement is based upon: ❑✓ Approved by City Council on May 6, 2025 Consent 12 ❑ City Manager's signing authority provided under the City's Purchasing & Contracting Policy [Resolution No. 2023-008] for budget expenditures of $50,000 or less. R ❑� ❑� .❑ .❑ NOTE. City Manager's signing authority provided under the City's Personnel Policy Section 3.2 for temporary employment positions. Department Director's or Manager's signing authority provided under the City's Purchasing Policy [Resolution No. 2023-008] for budget expenditures of $15,000 and $5,000, respectively, or less. Procurement Method (one must apply): Bid W] RFP ❑ RFQ ❑ 3 written informal bids Sole Source ❑ Select Source ❑ Cooperative Procurement Requesting department shall check and attach the items below as appropriate. Agreement payment will be charged to Account No.: 101-3005-60117;101-3005-60189 Agreement term: Start Date 05/01 /2025 Amount of Agreement, Amendment, Change Order, etc End Date $ 366,835 06/30/2026 z. Signing authorities listed above are applicable on the acrgregate Agreement amount, not individual Amendments or Change Orders! Insurance certificates as required by the Agreement for Risk Manager approval Approved by: Oscar MOjICa Date: 5/7/2025 Bonds (originals) as required by the Agreement (Performance, Payment, etc.) Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form 700 is required pursuant FPPC regulation 18701(2) Business License No. 0111083 Expires: 01 /01 /2026 Requisition for a Purchase Order has been prepared (Agreements over $5,000) AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES WITH DESERT LIMNOLOGISTS, INC. DBA SOUTHWEST AQUATICS This Amendment No. 3 ("Amendment 3") to Agreement for Contract Services ("Agreement") is made and entered into as of the 1st day of May, 2025, ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and Desert Limnologists, Inc. dba Southwest Aquatics, Inc. ("Contracting Party"). RECITALS WHEREAS, on or about October 1, 2019, the City and Contracting Party entered into an Agreement to provide Civic Center Lake Maintenance Services Project No. 2019-11, for a 5-year term ("Initial Term") through September 30, 2024, and an optional 2-year extension ("Extended Term"), for a total not to exceed amount of $16,200 per year, for a grand total not to exceed $81,000; and WHEREAS, on or about July 1, 2021, the City and Contracting Party executed Amendment No. 1 and amended Section 1.1 Scope of Work to include maintenance services for the SilverRock Event Site effective August 1, 2021, through September 30, 2024, and amended Section 2.1 Contract Sum to include additional compensation of $16,200 per year, for a grand total of $51,300, for the additional services; and WHEREAS, on or about September 18, 2024, the City and Contracting Party executed Amendment No. 2 and amended the Agreement as follows: • Section 1.1 Scope of Work — added cleaning of the water fountain at the SilverRock Park and intake screen; • Section 2.1 Contract Sum — increased compensation by $59,535 for the additional services and a 5% increase; • Section 3.4 Term — extended the term from October 1, 2024, to June 30, 2026 ("Extended Term"); and WHEREAS, on September 17, 2024, in accordance with Section 1.7 Additional Services of the Agreement, Council approved additional spending authority for Contracting Party for fiscal year 2024/25 for a not to exceed amount of $50,000 for on -call as needed services for extra work outside the scope of the Agreement; and WHEREAS, on April 15, 2025, Council approved proceeding with the Civic Center lake maintenance to replace the biofilter and related work for a total not to exceed amount of $170,000 to complete all work. Per Council's direction, work will begin on or about May 19, 2025. Any remaining funds from the budget allocation for this work will be carried over from fiscal year 2024/25 budget to fiscal year 2025/26; and 206 WHEREAS, on May 6, 2025, Council approved additional spending authority for Contracting Party for fiscal years 2024/25 and 2025/26 for a not to exceed amount of $125,000 to complete the above mentioned Civic Center lake maintenance biofilter replacement and related work; and. WHEREAS, the City and Contracting Party mutually agree to amend: • Section 1.1 Scope of Work to include the Civic Center Lake Maintenance Biofilter Replacement and related work; and • Section 2.1 Contract Sum to be increased by an additional $125,000 for fiscal years 2024/25 and 2025/26 for the additional services. NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: 207 AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1.1 Scope of Services — is amended to read as follows: In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services summarized below as (a) through (e), and specified in detail in the "Scope of Services," attached hereto as "Exhibit A" and incorporated herewith by this reference (the "Services"): a) Civic Center Campus Lake Maintenance Project No. 2019-11, b) SilverRock Park Lake Maintenance, c) SilverRock Park Water Feature d) Civic Center Campus Lake — biofilter replacement and related work e) Miscellaneous on -call as needed maintenance and repair services, as approved by the Contract Officer 2.1 Contract Sum — is amended to read as follows: For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in an amount not to exceed $366,835 (the "Contract Sum") Services Compensation Agreement (2019-2024) (approved 911712019) $ 81,000 Civic Center Campus Lake Maintenance Amendment No. 1 (2021-2024) (approved 81312021) $ 51,300 Added SilverRock Park Lake Maintenance Amendment No. 2 (2024-2026) (approved 911712024) Added SilverRock Park Water Feature Maintenance, extended $ 59,535 the term for FY 2025-26, and 5% compensation increase Additional Spending Authority FY 2024/25 (approved 911712024) $ 50,000 For on -call as needed extra maintenance and repair work Additional Spending Authority FYs 2024/25 and 2025/26 (approved 51612025) $125,000 For Civic Center Lake Biofilter Replacement and related work GRAND TOTAL: $366,835 In all other respects, the original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Contracting Party have executed this Amendment No. 3 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA SOUTHWEST AQUATICS; INQ- ele a California municipal corporation s141_4 SIGNED IN COUNTERPART JON McMILLEN, City Manager City of La Quinta, California Dated- ATTEST - SIGNED IN COUNTERPART MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: SIGNED IN COUNTERPART WILLIAM H. IHRKE, City Attorney City of La Quinta, California CHRIS BEATY, President Dated- IN WITNESS WHEREOF, the City and Contracting Party have executed this Amendment No. 3 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation JON M EN, City Manager Cffy---of La Quinta, California Dated: 5/7 L-,�0-2�57- ATTEST: MONIKA RADEVA, ity Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California SOUTHWEST AQUATICS, INC. SIGNED IN COUNTERPART CHRIS BEATY, President Dated: Exhibit A Scope of Services Lake Maintenance services for lakes and streams located at Civic Center Campus, and SilverRock Event Park. 1.0 SCOPE OF WORK The scope of services shall include replacement of the Civic Center Lake biofilter and related work pursuant to this Amendment No. 3. Existing scope of services remain unchanged as detailed below: The work shall include furnishing all labor and equipment necessary to maintain the City lakes. Duties include, but are not limited to, the following: Civic Center Campus and SilverRock Event Park Lakes: Service — Twice per week Lakes shall be maintained in "first-class condition," "First-class condition" is defined as the following characteristics: • absence of objectionable odor and water • absence of inappropriate debris and trash • The level of the lake shall not exceed the liner and shall be maintained four inches below the shoreline. 1. Debris Removal; Floating Fountain; Intake Screen A. Contractor shall remove all trash, such as paper, cans, bottles, broken glass, and floating debris from lakes, streams, water features and surrounding areas. B. Contractor shall remove any organic matter such as leaves or branches that create an aesthetically unpleasant or biologically undesirable condition. C. All refuse shall be removed and taken to a sanitary landfill. D. Algae shall be removed from rocks (scrubbed) monthly, or more often as needed. E. Monitor stream flow continuously to ensure no water spillage at the top lake. Restrict water flow at pump/motor. F. SilverRock Event Park Lake floating fountain to be cleaned quarterly. a. Brush off motor. b. Clean nozzles and float G. Intake screen located at the bottom of the lake to be cleaned annually. 2. Chemical Applications A. Contractor shall provide complete and continuous control and/or eradication of all noxious aquatic plant or algae growth B. Contractor shall complete and furnish a pesticide application log to City. The log shall include the following information- 1 ) The target pest(s) 2) Method(s) of control 3) Copies of product labels 4) MSDS sheets 5) Frequency schedule(s) 6) Copies of PCA recommendations 3. Water Quality/Clarity and pH A. The lakes support a variety of aquatic life. 1) Contractor shall maintain a water pH balance that promotes optimal health conditions of aquatic life, waterfowl and wildlife in and around the lake. 2) Contractor shall maintain the level of water clarity such that the average Secchi disk measurement is at least 18 inches. 4. Notification A. Contractor shall notify the M&O Superintendent (or designee) of any conditions noted that require further monitoring, investigation, or remedy for the safe and optimal operation of water features and related equipment. 5. Reports A. Contractor shall produce and deliver to the M&O Superintendent (or designee) a report indicating all service activities performed monthly. Equipment A. Contractor shall possess a working knowledge of pumps and equipment, inspect weekly and notify the City's Representative of any abnormalities. B. Pumps and motors shall be visually inspected for abnormal conditions and lubricated per manufacturer's specifications. C. Skimmers shall be visually inspected and emptied of debris. D. Contractor is responsible to keep the pump house free of excess debris, water/algae buildup. Maintenance Activity Frequency Remove debris 2 times per week* Visually inspect all equipment Monthly Inspect and empty skimmers/baskets 2 times per week* Chemical applications Continuously as needed Check motor(s) and pumps Monthly Water quality/clarity and pH maintenance Continuously as needed pH balance test and adjustment Weekly Algae removal from rocks Monthly/ as needed SRR Fountain Cleaning Quarterly Intake Screen Cleaning Annually Lake Maintenance; Monday and Friday before 10:00 AM Civic Center Campus Lake Biofilter Replacement Service includes: • Testing lake water for contaminates, bacteria, nutrients, and TPH. • Assisting with relocation of fish to the upper lake • Installation of a temporary circulation system • Pump/equipment to shutdown and drain the lower lake • Remove existing gravel from gravel beds, wash on -site, replace clean gravel and purchase additional gravel in filter beds as needed per lake plans. • Haul off and dispose of mud/debris/non-salvageable gravel. • Refill lower lake utilizing a temporary construction meter from CVWD • Restart circulation equipment/lake pumps 1. Performance Standards: Measurement and Payment City has specific criteria by which to evaluate the performance of Contractor on a weekly basis. If performance by Contractor is deficient, City reserves the right to subtract an associated amount form the monthly billing. Since it is difficult to quantify and assess a value to every aspect of the work, City may implement liquidated damages of $250 per day per incident until the deficiency is corrected. The following is a brief summary of possible deficiencies- 1 . Failure to comply with contract specifications. 2. Failure to comply in a timely manner with contractually legitimate requests made by City. 3. Failure to provide specified reports or falsification of reports. 4. Failure to supply adequate equipment, labor or supervision. 5. Failure to repair deficiencies in the allotted time frame. 6. Failure to comply with schedules. 7. Failure to protect public health and safety. 8. Failure to provide adequate identification on vehicles or employees. In the event Contractor fails to perform contractual obligations to the satisfaction of City, City many choose to obtain the services of a separate lake maintenance provider to fulfill Contractor's obligations, and any and all associated charges shall be the responsibility of the Contractor Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is $191,835 Dollars ("Contract Sum"). Maintenance Services Compensation Agreement (2019-2024) (approved 911712019) $ 81,000 Civic Center Campus Lake Maintenance Amendment No. 1 (2021-2024) (approved 81312021) $ 51,300 Added SilverRock Park Lake Maintenance Amendment No. 2 (2024-2026) (approved 911712024) Added SilverRock Park Water Feature Maintenance & 5% $ 59,535 compensation increase GRAND TOTAL: $191,835 Maximum total compensation for Additional Services, pursuant to Section 1.7 of this Agreement, to be paid to Contracting Party under this Agreement, only when authorized requested by the City and authorized by the Contract Officer as $175,000 Dollars. Additional work is not guaranteed. Work may include but is not limited to providing lake maintenance more than twice per week, pump 1 maintenance/repair, debris clean up, algae removal, and other miscellaneous maintenance/repair services as needed. Additional Services Compensation Additional Spending Authority FY 2024/25 (approved 911712024) $ 50,000 For on -call as needed extra maintenance and repair work Additional Spending Authority FYs 2024/25 & 2025/26 (approved 51612025) $125, 000 For Civic Center Lake Biofilter Replacement and related work GRAND TOTAL: $175,000 CONSENT CALENDAR ITEM NO. 12 City of La Quinta CITY COUNCIL MEETING May 6, 2025 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES WITH DESERT LIMNOLOGISTS DBA SOUTHWEST AQUATICS, INC FOR VARIOUS LAKE MAINTENANCE, REPAIR, AND ON -CALL SERVICES; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR AS SELECT SOURCE FOR ON -CALL LAKE MAINTENANCE AND REPAIR SERVICES RECOMMENDATION A. Approve Amendment No. 3 with Desert Limnologists dba Southwest Aquatics, Inc. for Civic Center Campus Lake Maintenance Services Project No. 2019-11, SilverRock Park lake and water feature maintenance, Civic Center Campus lake biofilter replacement and related work, and as needed on -call lake maintenance and repair services; and authorize the City Manager to execute the amendment. B. Authorize the Public Works Department to utilize this vendor as a select source for on -call lake maintenance and repair services. EXECUTIVE SUMMARY • The City contracts lake maintenance services to maintain lakes and streams in City parks. • On September 17, 2019, Council approved an agreement for the Civic Center Campus Lake Maintenance Services Project No. 2019-11 with Desert Limnologists dba Southwest Aquatics, Inc. (SW Aquatics), which was subsequently amended via Amendment Nos. 1 and 2 to include maintenance of the SilverRock Park lake and water feature and extend the term through June 30, 2026. • On April 15, 2025, Council approved proceeding with the Civic Center Campus lake biofilter replacement and related work. • Amendment No. 3 (Attachment 1) requests additional spending authority of up to $125,000 in fiscal years (FYs) 2024/25 and 2025/26 to utilize SW Aquatics to complete portions of the Civic Center Campus lake biofilter replacement work. 203 FISCAL 11VI VAS i Staff requests additional spending authority in FYs 2024/25 and 2025/26 to utilize SW Aquatics to complete portions of the Civic Center Campus lake biofilter replacement and related work. If proposed Amendment No. 3 is approved, total compensation under the SW Aquatics agreement, since 2019 to present is as detailed in the table below. Services Compensation Agreement (2019-2024) (approved 911712019) $ 81,000 Civic Center Campus Lake Maintenance Amendment No. 1 (2021-2024) (approved 81312021) $ 51,300 Added SilverRock Park Lake Maintenance Amendment No. 2 (2024-2026) (approved 911712024) Added SilverRock Park Water Feature Maintenance, extended $ 59,535 the term for FY 2025-26, and 5% compensation increase Additional Spending Authority FY 2024/25 (approved 911712024) $ 50,000 For on -call as needed extra maintenance and repair work Additional Spending Authority FYs 2024/25 and 2025/26 (proposed for Council's consideration on 51612025) $125,000 For Civic Center Lake Biofilter Replacement and related work GRAND TOTAL: $366,835 These costs are currently included in FY 2024/25 operating budget for Civic Center Campus Lake Maintenance (101-3005-60117); SilverRock Event Site Lake Maintenance (101-3005-60189); and Park Equipment and Facility Funds (503-0000-71060); and any remaining funds will be carried over into FY 2025/26 budget. BACKGROUND/ANALYSIS The lake maintenance contract provides services twice per week and includes debris removal, algae control, pH balance testing, and inspection of skimmers, pumps and equipment. All labor and equipment to maintain the lakes is provided by SW Aquatics. In September 2019, Council approved a 5-year agreement for Civic Center Campus Lake Maintenance Services Project No. 2019-11 with SW Aquatics, from October 1, 2019, through September 2024. In August 2021, the City executed Amendment No. 1 which added maintenance services for the lake at the SilverRock Park and related additional compensation. 204 In September 2024, Council approved Amendment No. 2 which extended the agreement term for 2 additional years, through June 30, 2026, added maintenance of the SilverRock water feature to the scope of work and related compensation, and increased overall annual compensation by 5%. In September 2024, Council also approved additional spending authority up to $50,000 in FY 2024-25 to utilize SW Aquatics as a select source for additional on -call lake maintenance and repairs as needed, for work outside the scope of the agreement. Additional work is not guaranteed; however, it allows for extra lake maintenance to be performed as needed for maintenance outside of the scope of this agreement. Work may include but is not limited to providing lake maintenance more than twice per week, pump maintenance/repair, debris clean up, algae removal, and other miscellaneous maintenance/repair services as needed. On April 15, 2025, Council approved proceeding with the Civic Center Campus lake biofilter replacement and related work for a not to exceed amount of $170,000 in FY 2024/25, which will take approximately 4 weeks to complete and requires draining the lake. Per Council's direction, work will begin on or about May 19, 2025. Any remaining funds from the budget allocation for this work will be carried over into FY 2025/26. Proposed Amendment No. 3 requests additional spending authority of up to $125,000 in FYs 2024/25 and 2025/26 to utilize SW Aquatics to complete portions of this work. ALTERNATIVES Council may elect not to approve this proposed Amendment No. 3, however, as Council approved proceeding with the Civic Center Campus lake biofilter replacement, staff does not recommend this alternative, as it will delay completing the work until a different vendor can be procured. Prepared by: Monika Radeva, City Clerk Dianne Hansen, Maintenance & Operations Superintendent Approved by: Jon McMillen, City Manager Attachment: 1. Amendment No. 3 to Agreement for Contract Services 205