HomeMy WebLinkAbout25C - AGMT - LANDSCAPE MAINTENANCE SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 1, 2013
TITLE:
AGREEMENT AMENDMENT WITH MIDORI
GARDENS FOR LANDSCAPE
MAINTENANCE SERVICES IN THE
DISTRICT A (CIVIC ENTER) AND
DISTRICT FOUR / z`*-1
ER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 15f 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:
1) A 12-month agreement amendment with Midori Gardens to provide landscape maintenance
services in District A (Civic Center) in the amount of $222,252.00 with a 14% contingency for
unanticipated work for a total not to exceed amount of $253,367.28.
2) A one-month agreement extension on District 4, in the amount of $59,113.00 with a 10%
contingency for unanticipated work for a total not to exceed amount of $65,024.30, for a total
agreement amount of $318,391.58, subject to non-substantive changes approved by the City
Manager and City Attorney.
DISCUSSION
The Parks, Recreation and Community Services Agency is responsible for the landscape
maintenance of all City parks and recreational facilities. The landscape maintenance is divided
into 4 park districts and the Civic Center. District 4 and Civic Center contract with Midori Gardens
expires on June 30, 2013. Proposals to maintain District 4 is being reviewed and is scheduled for
City Council approval in July. A one month extension is needed on Midori's contract until the new
contractor is selected and approved.
The Civic Center contract with Midori Gardens is approved with four additional one year
extensions. This is the second extension with Midori Gardens. They are doing excellent work in
the Civic Center and responds in a timely manner on special assignments.
The term of the Civic Center contract is for 12 months, from July 1, 2013 through June 30, 2014.
The base agreement amount is $222,252.00 with a 14% contingency for unanticipated and
emergency work in the amount of 31,115.28, for a total not to exceed amount of $253,367.28.
The extension on District 4 contract is for one month through July 30, 2013 with no change on the
monthly base amount of $59,113.00 and a 10% contingency for unanticipated work in the amount
of $5,911.30 for a total amount of $65,024.30.
25C-1
RFCA - Agmt Amendment with Midori Gardens
June 17, 2013
Page 2 of 2
FISCAL IMPACT
Funds are available in the Civic Center M&R account (no. 07413250 62320) and the Park
Maintenance M&R Buildings and Grounds account (no. 01113250 62320).
APPROVED AS TO FUNDS AND ACCOUNTS:
Gerardo Mouet,
Executive Director
Parks, Recreation and
Community Services Agency
Francisco Gutierrez,
Executive Director
Finance and Management Services Agency _T1M
25C-2
SECOND AMENDMENT TO
LANDSCAPE MAINTENANCE AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT is entered into on July 1, 2013, by
and between Midori Gardens, Inc., a California corporation (hereinafter "Contractor") and the
City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California ("City").
RECITALS:
A. The parties entered into that certain Agreement (# A-2011-151) dated June 6, 2011,
(hereinafter "said Agreement") by which Contractor has provided landscape maintenance
services for City properties located in Santa Ana's District A (Civic Center).
B. Contractor has also been performing landscape maintenance for District 4 pursuant to the
terms of the First Amendment to Agreement (#A-2012-114) dated June 4, 2012, while the
City sought competitive bids to provide those services for an extended term. Contractor has
agreed to provide such maintenance for District 4 through June 30, 2013.
C. The City has received proposals in response to its Request for Proposals that was issued on
May 15, 2013. Such proposals are being reviewed and evaluated, and the award for the
landscaping maintenance agreement for District 4 is scheduled for City Council approval in
July.
D. The parties wish to amend said Agreement to extend the term of said Agreement as to District
A for one year, and as to District 4, extend the term for one month and to provide
compensation for such services provided during these extended terms.
WHEREFORE, in consideration of the covenants contained in said Agreement as amended, and
subject to alf the terms and conditions of said Agreement, except those amended in this Second
Amendment to Agreement, the parties agree as follows:
1. Section 3.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 Contractor's fee schedule, attached hereto as Exhibit C, and
incorporated by reference.
(i) The total sum to be expended under said Agreement for District A shall not exceed
Two Hundred Fifty-Three Thousand Three Hundred Sixty-Seven Dollars and Twenty
Eight Cents ($253,367.28) during the one year extended term of the Agreement. Said
total expenditure includes Two Hundred Twenty-Two Thousand Two Hundred Fifty-
Two Dollars ($222,252.00) plus a fourteen percent (14%) contingency of $31,115.28 for
unanticipated work required in District A.
(ii) The total sum to be expended sum to be expended under said Agreement for
District 4 shall not exceed Sixty-Five Thousand Twenty Four Dollars and Thirty Cents
($65,024.30) during the one month extended term of the Agreement. Said total
expenditure includes Fifty-Nine Thousand One Hundred Thirteen Dollars ($59,113.00)
25C-3
with a ten percent (10%) contingency of $5,911.30 for unanticipated work required
in District 4."
Section 4, TERM, shall be deleted in its entirety and replaced with the following:
"a. As to District A: this Agreement shall commence on July 1, 2013 and terminate on June
30, 2014, unless terminated earlier in accordance with Section 13, below. The City may
terminate this Agreement if the Santa Ana City Council fails to approve funding for the
Agreement for any fiscal year covered herein. This Agreement for maintenance of District A
may be renewed for up to two (2) additional one-year terms on the mutual agreement of the
parties.
b. As to District 4: this Agreement shall commence on July 1, 2013 and terminate on July
30, 2013, unless terminated earlier in accordance with Section 13, below. The City may
terminate this Agreement if the Santa Ana City Council fails to approve funding for the
Agreement for any fiscal year covered herein. This Agreement for maintenance of District 4
may not be renewed."
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
Landscape Maintenance Agreement on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Lisa Storck
Assistant City Attorney
CITY OF SANTA ANA
KEVIN O'ROURKE
Interim City Manager
MIDORI GARDENS INC.
NAGA HAMAMOTO
President
25C-4
EXHIBIT C
FEE SCHEDULE
25C-5
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