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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 4 j n ? c f CL N A D 0 1 0 d ? d 00 ? w. CL D CL. d ? ro N rt d o> 3 v Q T z ? A A y ^ -' j Ccr O. i 3 N w a 5 D d ? O O. 5 T O_ 1 m ! w m ? A m O' A ID y y, 4 O n sm N A w a w d w D w ? 7 ? A ? a o- o ° N ^ N ? Y 1 I M N Y n A W Y N Y O lC 00 V 01 N P W N ?'+ ? W Y • ? Q v? d n CL d^ w m D 3 a?i m m c a a A c N u 3 4. a n A o c D a a a a 7 g A 0 ,? o 4 ?, A 6- I t m cr r !D -? w fl C; 'r A D CT A 1 43 a• n O' b ° c f 30 cu A eD A ? O A O ° a CL D ? Ro 3 w A 3 G ? A O ?' t!f 0 0 0 Q O ?? ?'' O O A }O O v O N G lA M O in W, Ln S S. IQJI O p O N N O .• O O V O D D A A A A A A A A A P A A A? A A w ? ? W Y lJ1 d A W 1 Y N W N N N Y V1 N V O 0 N w V W W 1••? N 1"'? 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