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HomeMy WebLinkAbout25E - MAINTENANCE SVCS CITY COUNCIL MEETING DATE: REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: OCTOBER 6, 2008 TITLE: APPROVED D As Recommended D As Amended D Ordinance on 151 Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For AMENDMENT TO AGREEMENT WITH MIDORI GARDENS INC. CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with Midori Gardens Inc. in the amount of $50,000 for the current fiscal year, for a total annual contract amount not to exceed $600,000 and amending the date of the agreement to coincide with the fiscal year, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Midori Gardens Inc. has been providing maintenance services for the City's medians, on arterials, and at water reservoir sites. This agreement was competitively bid in 2006. Midori has contacted the City asking for an increase of approximately 10 percent due to unforeseen increases in petroleum goods and fuel. Based on the competitiveness of their proposal and the fact that they haven't received any rate increases to their agreement in the last eight years, staff recommends the increases. The amendment also revises the term of the third year of the agreement to coincide with the budget fiscal year which ends on June 30, 2009. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25E-1 Amendment to Agreement with Midori Gardens Inc. October 6, 2008 Page 2 FISCAL IMPACT Funds are activity activity activity budgeted and available in the Public Works Median Landscaping (account no. 29-637-6261), the Water Production and Supply (account no. 64-574-6261) and the Environmental Sanitation (account no. 68-632-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~1 \ / /{/~ L~ Jame~ G. Ross Executive Director Public Works Agency ~ "\).~ , '" c }\, .5L. . Francisco Gutierre~ Executive Director Finance & Management Services Agency f' 1'[.. I I \ 25E-2 SECOND AMENDMENT TO LANDSCAPE MAINTENANCE AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on October 6, 2008, by and between Midori Gardens ("Contractor") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement #A-2006-195, dated August 7, 2006, (hereinafter "said Agreement") by which Contractor has provided landscape maintenance in street medians and City owned property. B. In accordance with the terms and conditions of said Agreement, the parties wish to adjust the rates and charges for services to compensate for increases in materials and labor costs, and to adjust the term to coincide with the City's budget cycle. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit D, attached to said Agreement. Commencing September 1, 2008, those rates and charges shall be adjusted to the amounts set forth in Exhibit D-1, attached hereto and incorporated by this reference. The total sum to be expended under this Agreement shall not exceed $600,000 for the term from August 1,2008 through June 30, 2009." 2. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on August 1, 2006 and continue for a period of thirty-five (35) months. The final term of said Agreement shall run from August 31, 2008 through June 30, 2009, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended for two additional one-year terms, at the option of the City. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. II II II 25E-3 II IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST: PATRICIAE. HEALY Clerk of the Council DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney MIDOR! GARDENS RECOMMENDED FOR APPROVAL: JAMES G. ROSS Executive Director Public Works NAGA HAMAMOTO President 25E-4 EXHIBIT D-l CONTRACT PRICING Effective September 1,2008 Contractor will provide all labor, equipment and materials necessary for city-wide landscaping maintenance service of street medians and various public facilities in accordance with the specifications and special provisions herein. 1. ROUTINE MAINTENANCE Cost/Month (X 12 months =) CostlY ear A. Medians & Service Road Dividers $ 30.766.56 Imo. $369.198.72/yr. $ 2.54704llmo. $ 30.568.92/yr. $ 464.20 Imo. $ 5.57004Olyr. $ 5.080.90/mo. $ 60.970.80/yr. $ 2.092.20/mo. $ 25.1 0604Olyr. $ lA32.20/mo. $ 17 . 186040lyr. $ 55404Olmo. $ 6.658.80/yr. B. Other Areas C. Parking Lots D. Neighborhood Monument/Entry Areas E. Water Reservoir Facilities F. Arterial Sidewalks Maintenance G. Annual Color II NEW MAINTENANCE Cost/Square Foot/Month A. Turf Area $ .06 B. Shrub/Ground Cover Area $ .05 C. Hardscape Area $ .04 D. Arterial Sidewalk $ .03 25E-5 III EXTRAORDINARY MAINTENACE A. Materials - Contractor's cost from supplier plus 15% B. Labor - Contractor's rates (including all fringe benefits, markup, overhead, etc.) for the following job classifications: Straight Time Overtime 1. Landscape Maintenance Laborer $ 20.90 $ 31.35 - 2. Irrigation Technician $ 27.50 $ 41.25 3. Supervisor $ 38.50 $ 57.75 IV EXTRAORDINARY PLANTING 1. 36" box tree; standard trunk $ 605.00 2. 36" box tree; multi trunk $ 660.00 3. 24" box Tree; standard trunk $ 27 5.00 4. 24" box tree; multi trunk $ 330.00 5. 15 gal plant $ 71.50 6. 5 gal plant $ 17.60 7. 1 gal plant $ 6.60 8. 4" flat of annual color $ 24.20 9. Flat of ground cover $ 17.60 25E-6