HomeMy WebLinkAbout25A - AGMT - MIDORI GARDENSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 20, 2009
TITLE:
AMENDMENT TO AGREEMENT WITH MIDORI
GARDENS INC.
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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.
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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