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HomeMy WebLinkAbout25G - AGMT - LANDSCAPING SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 7, 2011 TITLE: AMENDMENT TO AGREEMENT WITH MIDORI GARDENS INC. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15t Reading ? Ordinance on 2nd 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 for two years through Fiscal Year 2012/2013, for a total contract amount not to exceed $850,000 annually for the term of the agreement, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The City's median maintenance contractor, Midori Gardens Inc., has been providing landscaping services for the City's medians, neighborhood entryways, and water reservoir sites in addition to cleaning arterial sidewalks and tree wells for over 15 years. The current agreement was competitively bid in 2006. It is a three-year agreement with the option of two one-year extensions. The final one-year extension was utilized for Fiscal Year 2010/2011. Midori Gardens Inc. has proposed an extension to the current agreement for two years that will maintain the current level of service with a 15 percent reduction in the current monthly maintenance contract price. This reduction would save the City $115,000 annually on the current contracted prices. Additionally the contractor has proposed a 23 percent reduction in the contract pricing for all future landscaped areas, and minor modifications to the agreement that will allow the City flexibility in adapting to new landscaping methods. Staff recommends approving the proposed extension. Midori Gardens Inc. has established an excellent working relationship with the City and has performed well. This proposal benefits the City as a whole; in addition to the monetary savings Midori Gardens Inc. is a Santa Ana business and 80 percent of its employees are Santa Ana residents. 25G-1 Amendment to Agreement with Midori Gardens Inc. March 7, 2011 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds will be included in the proposed Fiscal Year 2011-2012 budget in the Public Works Median Landscaping program (accounting unit 02917635-62320), the Water Production and Supply program (accounting unit 06017640-62320) and the Environmental Sanitation program (accounting unit 06817640-62300). APPROVED AS TO FUNDS AND ACCOUNTS: Rau odinez II Francisco Gutierrez Executive Direct Executive Director Public Works A cy Finance & Management Services Agency RG:KW Exhibit 1: Amendment to Agreement 25G-2 FIFTH AMENDMENT TO LANDSCAPE MAINTENANCE AGREEMENT THIS FIFTH AMENDMENT TO AGREEMENT is entered into on March 7, 2011, 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 amendments dated October 10, 2008, November 6, 2008, July 20, 2009 and June 21, 2010, the parties agreed to adjust rates to compensate for increases in labor and material costs, provide for services on additional City properties, 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 amend the Scope of Services to provide landscape services for additional properties within the City, extend the term and add compensation to pay for services during the additional two-year 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 Fifth Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to include additional sites agreed between Contractor and City since the commencement of said Agreement. Additional maintenance sites may be included in the monthly maintenance schedules as agreed by the Executive Director of Public Works, or his designee, and Contractor. 2. 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-l, attached hereto and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $850,000, annually, for the term from July 1, 2011 through June 30, 2013." 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, 2013, unless terminated earlier in accordance with Section 12, of said Agreement. However, if City Council fails to appropriate funds for the landscape services during the 2012/2013 fiscal year, said Agreement shall automatically terminate effective June 30, 2012." 25G-3 4. 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 Fifth Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA InterimCity Attorney By: Laura Sheedy Assistant City Attorney DAVID N. REAM City Manager MIDORI GARDENS NAGA HAMAMOTO President RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director - Public Works 25G-4 EXHIBIT D-1 CONTRACT PRICING (Effective 7/1/11) 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. L ROUTINE MAINTENANCE Cost/Month Cost/Year A. Medians & Service Road Dividers $ 44,261.34 /mo. $531, 136.09/yr. B. Other Areas $ 3,844.83 /mo. $ 46,137.96/ r. 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 $ 4,055.94/mo. $ 48,671.28/yr. F. Arterial Sidewalks Maintenance $ 1,475.17/mo. $ 17,702.04/yr. G. Annual Color $ 571.03/mo. $ 6,852.36/yr. IL NEW MAINTENANCE A. Turf Area B. Shrub/Ground Cover Area C. Hardscape Area D. Arterial Sidewalk E. Artificial Turf F. Drought Tolerant Areas Cost/Square Foot/Month $ .05 $ .04 $ .03 $ .02 $ .03 $ .02 25G-5 III. EXTRAORDINARY MAINTENANCE 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: Overtime 1. Landscape Maintenance Laborer 2. Irrigation Technician 3. Supervisor IV EXTRAORDINARY PLANTING 1. 36" box tree; standard trunk 2. 36" box tree; multitrunk 3. 24" box Tree; standard trunk 4. 24" box tree; multitrunk 5. 15 gal plant 6. 5 gal plant 7. 1 gal plant 8. 4" flat of annual color 9. Flat of ground cover $ 20.90 $ 27.50 $ 38.50 Straight Time $ 31.35 $ 41.25 $ 57.75 $ 605.00 $ 660.00 $ 275.00 $ 330.00 $ 71.50 $ 17.60 $ 6.60 $ 24.20 $ 17.60 25G-6 ARTIFICIAL TURF CARE 1) Cleaning a. All artificial turf shall be cleaned weekly. All trash, debris, leaves, etc shall be removed by mechanical blower and/or by hand. Care shall be exercised as to not displace infill sand. Infill sand displaced due to contractor negligence shall be replaced at Contractor's expense. b. All pet waste shall be removed weekly. Areas receiving high pet traffic shall be sterilized using approved products. C. Graffiti shall be removed using manufacturer approved methods within 24 hours of notification. Graffiti removal will be considered extraordinary maintenance. All metallic objects shall be removed monthly through use of magnetic device designed to remove metal debris. 2) Maintenance a. All artificial turf areas flattened due to heavy foot traffic shall be realigned by use of a power broom on a biweekly basis. b. All artificial turf areas shall be maintained though the use of a power broom annually to realign turf blades. All infill sand quantities shall be checked annually and refilled as needed. Annual power brooming and infill sand maintenance shall be considered extraordinary maintenance. C. All artificial turf areas shall be inspected for weeds weekly. All weeds shall be treated with an approved herbicide. d. All artificial turf areas shall be regularly inspected for raised or loosened seams and edges. Repair of seams and holes shall be reported to Director immediately. DROUGHT TOLERANT SHRUB CARE 1) Pruning All shrubs growing in the work areas shall be pruned minimally. Removal of dead or damaged limbs or branches shall be made cleanly with sharp pruning tools so that no projections or stubs remain. Pruning shall be done in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. Shear hedging or severe pruning of plants shall not be permitted. Should the Contractor shear hedge or severely prune plants and disfigure or damage the plants, the contractor shall be responsible to replace those plants with like kind and size as determined by the Director: 25G-7 2) Renovation Shrubs shall be thinned and pruned, separated and/or relocated for the health of the planting and the appearance of the site, and at such other times when directed by the City. Bare shrub areas shall be replanted in the months of October through March with plant material of the same species one time per year at no additional cost to the City. 3) Watering All drought tolerant planting shall be properly irrigated to maintain a healthy condition. Amount of water, and application, must be properly controlled. b. Drought tolerant plantings need proper deep watering practices to encourage deep root system development. This involves irrigating for longer periods of time, on an infrequent basis. Plants with a shallow root system resulting from frequent light watering will not be drought tolerant. During the initial installation period, which is approximately 3 months following actual planting, more water will be required. Plant material shall be watered weekly, for optimal growth. If material is planted or replaced during the warmer weather months, that period may be longer, and watering should be increased to every third day. d. After the installation period, and during warmer summer months, shrub areas shall be provided with infrequent, monthly, deep watering for optimum growth e. Following one full seasonal cycle, minimum 12 months, plant is usually established and only supplemental water will be required during periods of extreme conditions. Contractor should monitor material for stress and adjust watering accordingly. f Wherever or at any time that an irrigation system is damaged, fails or does not adequately water the shrub area in which it is installed, the Contractor shall manually water. g. Contractor shall respond immediately to signs of plant stress. Plant material lost due to stress shall be deemed contractor negligence, as determined by the Director, and replaced at contractor expense. 4) Replanting The Contractor shall be responsible for the complete removal and replacement of shrubs lost due to normal attrition or due to Contractor's faulty maintenance or negligence, as determined by the Director, at no additional cost to the City. 25G-8