Staff Report. Pacific Water Art - First Amendment
PREPARED BY: Jim Harbin
Parks and Public Works Superintendent
Reviewed by: Town Manager, Town Attorney, Finance Director, and Parks and Public Works Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/06/2023 ITEM NO: 5
DATE: May 22, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute a First Amendment to the
Agreement with Pacific Water Art for Fountain Maintenance and Repair
Services, Extending the Term to June 30, 2024, and to Add to the
Compensation $46,495 for a Total Agreement Amount Not to Exceed
$253,505
RECOMMENDATION:
Authorize the Town Manager to execute a First Amendment to the Agreement with Pacific
Water Art for fountain maintenance and repair services (Attachment 1), extending the term to
June 30, 2024, and to add to the compensation $46,495 for a total Agreement amount not to
exceed $253,505.
BACKGROUND:
The Town of Los Gatos has used contract services for the maintenance and repair of the
interactive fountain located in Plaza Park for the past 22 years and the Civic Center fountain for
the past five years. Staff reviews these maintenance contracts regularly to ensure that the
services provided are being performed satisfactorily, are competitively priced, and continue to
meet the Town's expectations and contract terms.
Pacific Water Art built the Plaza Fountain 22 years ago as part of a Town Plaza Capital
Improvement Project, along with providing ongoing maintenance and repair services. In 2018
the Town issued a Request for Proposals and subsequently entered into an agreement with
Pacific Water Art to provide maintenance services for both of these assets following a
competitive bidding process (Attachment 2).
PAGE 2 OF 2 SUBJECT: Authorize the Town Manager to Execute a First Amendment to the Agreement with Pacific Water Art for Fountain Maintenance and Repair Services, Extending the Term to June 30, 2024, and to Add to the Compensation $46,495 for a Total Agreement Amount not to Exceed $253,505. DATE: May 22, 2023
DISCUSSION:
Pacific Water Art, Inc. is the best qualified vendor to provide the requested services. The
extension of the Agreement term would allow for continuity of service and maximizes savings
by engaging the vendor for another year. The contract language provides for cancellation
should the need arise during the contract term and ties the work to the budget appropriated by
the Town Council annually. To accommodate the potential impacts of inflation on the service,
the contract allows for annual increases based on the Consumer Price Index (CPI).
The current fountain maintenance and repair contract with Pacific Water Art will expire on June
30, 2023. Due to the extreme storms experienced this year and the damage to the many trees,
streets, and sidewalks still outstanding, resources have been shifted to prioritize those efforts
and a new Request for Proposals for the fountain maintenance and repair was not able to be
issued. As such, staff is requesting the time extension and additional budget required to
continue operation of the fountains for one additional year.
CONCLUSION:
Authorize the Town Manager to execute a First Amendment to the Agreement for Services with
Pacific Water Art to provide services for fountain maintenance and repair services, extending
the term to June 30, 2024, and to add to the compensation $46,495 for a total agreement
amount not to exceed $253,505.
FISCAL IMPACT:
The Proposed FY 2023/24 Operating Budget includes sufficient funding for these services.
ENVIRONMENTAL ASSESSMENT:
The proposed agreement and related services are not a project defined under CEQA, and no
further action is required.
Attachments:
1. First Amendment to Agreement for Services with Pacific Water Art
2. Original Agreement for Services with Pacific Water Art