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HomeMy WebLinkAbout25A - AGMT - MIDORI GARDENSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 20, 2009 TITLE: AMENDMENT TO AGREEMENT WITH MIDORI GARDENS INC. ~~ t~~ ~.^°----~-" CITY MANAGER D ACTT CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with Midori Gardens Inc. extending the current agreement through the 2009-2010 fiscal year, for a total annual contract amount not to exceed $650,000, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Midori Gardens Inc. has been providing landscaping services for the City's medians, on arterials, and at water reservoir sites. This agreement was competitively bid in 2006. The term of the current agreement extends through June 30, 2009 and contains a provision for two one-year extensions. Midori has established a good working relationship with the City and has performed well. Staff recommends an extension to the agreement. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25A-1 Amendment to Agreement with Midori Gardens Inc. July 20, 2009 Page 2 FISCAL IMPACT Funds are budgeted and available in the Public Works Median Landscaping activity (account no. 29-637-6261), the Water Production and Supply activity (account no. 64-574-6261) and the Environmental Sanitation activity (account no. 68-632-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Jame G. Ross ~, Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Management Services Agency 25A-2 THIRD AMENDMENT TO LANDSCAPE MAINTENANCE AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on July 20, 2009, 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. By amendment, the parties agreed to adjust rates to compensate for increases in labor and material costs, extend the term of said Agreement and add compensation to pay for services during the extended term. C. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term and add compensation to pay for services during the extended term. 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 Third Amendment to Agreement, the parties agree as follows: l . 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-1, attached hereto and incorporated by this reference. The total sum to be expended under this Agreement shall not exceed $650,000 for the term from July 1, 2009 through June 30, 2010." 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 through June 30, 2010, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended for an additional one-year period, 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. // // // 25A-3 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager MIDORI GARDENS NAGA HAMAMOTO President 2 5A-4 EXHIBIT D-1 CONTRACT PRICING (effective 7/1/09) 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. I. ROUTINE MAINTENANCE Cost/Month Cost/Year A. Medians & Service Road Dividers $ 31,874.13 /mo. $382,489.56/yr. B. Other Areas $ 2,623.83 /mo. $ 31,485.96/yr. C. Parking Lots $ 478.13 /mo. $ 5,737.56/yr. D. Neighborhood Monument/Entry Areas$ 5,233.33 /mo. $ 62,799.96/yr. E. Water Reservoir Facilities $ 2,154.97/mo. $ 25,859.64/yr. F. Arterial Sidewalks Maintenance $ 1,475.17/mo. $ 17,702.04/yr. G. Annual Color $ 571.03/mo. $ 6,852.36/yr. II NEW MAINTENANCE A. Turf Area B. Shrub/Ground Cover Area C. Hardscape Area D. Arterial Sidewalk Cost1S uare Foot/Month $ .106 $ .0; $,_ 0; $ .03_ 25A-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: 1. Landscape Maintenance Laborer Strai~h $ 20.90 $ 27.50 $ 38.50 Overtime $ 31.35 $ 41.25 $ 57.75 2. Irrigation Technician 3. Supervisor IV EXTRAORDINARY PLANTING 1. 36" box tree; standard trunk 2. 36" box tree; multi trunk 3. 24" box Tree; standard trunk 4. 24" box tree; multi trunk 5. 15 gal plant 6. 5 gal plant 7. 1 gal plant 8. 4" flat of annual color 9. Flat of ground cover $ 605.00 $ 660.00 $ 275.00 $ 330.00 $ 71.50 $ 17.60 $ 6.60 $ 24.20 $ 17.60 25A-6