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HomeMy WebLinkAboutAgenda Report - October 19, 2011 C-09AGENDA ITEM C*9 4 CITY OF LODI COUNCIL COMMUNICATION Im AGENDA TITLE: Adopt Resolution Authorizing City Managerto Execute One -Year Extension of Contract with Dominguez Landscape Services, Inc., of Sacramento, for City -Funded Maintenance of Consolidated Landscaped Areas ($149,742.96) MEETING DATE: October 19,2011 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Managerto execute one-year extension of contract with Dominguez Landscape Services, Inc., of Sacramento, for City -funded maintenance of consolidated landscaped areas in the amount of $149,742.96. BACKGROUND INFORMATION: The original project consisted of three separate groups: Group — Maintenance of Turf and Miscellaneous Landscape Areas, Group B — Maintenance of Lower Sacramento Road and Adjacent Landscape Areas, and Group C — Maintenance of Cherokee Lane and Adjacent Landscape Areas. This year, two change orders were executed. In April 2011, Change Order No. 1 incorporated Reynolds Ranch Parkway and portions of East Lodi Avenue. In May 2011, Change Order No. 2 expanded a portion of the East Lodi Avenue landscape area. Since the change orders were not for a complete year, the total amount of the contract extension exceeds the total contract for 2011. The project costs for 2012 are shown in more detail below. The project specifications included an option to renew. The proposed one-year contract extension is based on the existing contract price awarded to Dominguez Landscape Services, Inc., on November 17, 2010. Staff recommendsthe contract extension as the contractor has offered to extend the 2011 contract prices through 2012 with no cost increase and the work is being performed very satisfactorily. This work is separate from the landscape maintenance locations included in the various Landscape Mai ntenanceAssessment Districts that have been established in new developments. FISCAL IMPACT: This contract extension maintains the existing landscape sites at a frequency level of once per month, along with quarterly pruning, with the exception of turf areas that are serviced weekly. APPROVED: Konradt Bartlam; City Manager KAWP\C0UNCIL\2011\ConsolidatedLandscape2012 EADOC 10/5/2011 2011 Cost Monthly Cost 2012 Annual Cost ContractAmount $ 141,708.00 $ 11,809.00 $ 141,708.00 Change Order 1 $ 5,589.00 $ 621.00 $ 7,45200 Change Order 2 $ 388.64 $ 48.58 $ 58296 Total $ 147,685.64 $ 12,478.58 $ 149,74296 The project specifications included an option to renew. The proposed one-year contract extension is based on the existing contract price awarded to Dominguez Landscape Services, Inc., on November 17, 2010. Staff recommendsthe contract extension as the contractor has offered to extend the 2011 contract prices through 2012 with no cost increase and the work is being performed very satisfactorily. This work is separate from the landscape maintenance locations included in the various Landscape Mai ntenanceAssessment Districts that have been established in new developments. FISCAL IMPACT: This contract extension maintains the existing landscape sites at a frequency level of once per month, along with quarterly pruning, with the exception of turf areas that are serviced weekly. APPROVED: Konradt Bartlam; City Manager KAWP\C0UNCIL\2011\ConsolidatedLandscape2012 EADOC 10/5/2011 Resolution Authorizing City Manager to Execute One -Year Extension of Contract with Dominguez Landscape Services, Inc., of Sacramento, for City -Funded Maintenance of Consolidated LandscapedAreas ($149,742.96) October 19,2011 Page 2 FUNDING AVAILABLE: The money for this project will becoming from the General Fund, Utility, and Transit 2011/12 Operating accounts (102011, 103511, 125052, 160652, 170403, 170404, 180453,210801, and 3215036). Jor an Kyers Deputy City Manager/Internal Services Director '&"' J"' A F. Wally S delin PublicWorks Director Prepared by Kathryn E. Garcia, Compliance Engineer FWS/KMG/my n cc: Deputy PublicWorks Director— Utilities Compliance Engineer CONTRACT EXTENSION AGREEMENT 2012 MAINTENANCE OF MISCELLANEOUS LANDSCAPE AREA ANNUAL CONTRACT THIS CONTRACT EXTENSION AGREEMENT, made and entered this day of October, 2011, by and between the CITY OF LODI, a municipal corporation, hereinafter called "Owner", and DOMINGUEZ LANDSCAPE SERVICES, INC., hereinafter called "Contractor." WITNESSETH: WHEREAS; Contractor and Owner entered into the 2011 Maintenance of Miscellaneous Landscape Area Contract on December 21, 2010, providing that the contract could be extended by mutual agreement of both parties. WHEREAS; both parties desire to extend the contract in accordance with Section 5.000 E. Option to Renew of the Special Provisions. WHEREAS; the contract incorporates additional work set forth in Contract Change Orders 1 and 2 approved on April 4, 2011 and May 5, 2011, respectively. Whereas the contract shall not exceed the new contract price of $149,742.96 for the duration of this extension. TERM AND TERMS: The term of this Contract Extension Agreement shall be for a period of one (1) year, commencing January 1, 2012 and terminating December 31, 2012. All other terms and conditions will remain as set forth as reflected in the 2011 Maintenance of Miscellaneous Landscape Area Contract, attached hereto as Exhibit A and made a part hereof as though fully set forth herein. INSURANCE: Contractor shall provide insurance as set forth in the attached Exhibit B, Insurance Requirements for Contractor. IN WITNESS WHEREOF, Owner and Contractor have executed this Contract Extension Agreement on 2011. CITY OF LODI, a municipal corporation DOMINGUEZ LANDSCAPE SERVICES, INC. hereinabove called "Owner" hereinabove called "Contractor" KON RADT BARTLAM City Manager Attest: RANDI JOHL, City Clerk Approved as to Form: D. STEPHEN SCHWABAUER, City Attorney M ROBERT DOMINGUEZ President KAWMCOUNCIL\2011\LandscapeContract Extension(Dominguez 2012).doc 10/4/2011 EXHIBIT A RECEIVED MAINTENANCE OF MISCELLANEOUS DEC 0 7 2010 LANDSCAPE AREA 2011 CITY OF LORI CONTRACT THIS CONTRACT, made by and between the CITY OF LODI, State of California, herein referred to as "City" and Dominguez Landscape Services, Inc., herein referred to as "Contractor". WITNESSETH: . That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other, as follows: The complete contract consists of the following documents which are incorporated herein by this reference, to -wit: Notice Inviting Bids Informationto Bidders General Provisions Special Provisions Bid Proposal Contract Vicinity Maps Group Listings Maintenance Schedule Water Conservation Ordinance The July 1992 Edition Standard Specifications, State of California Business and Transportation Agency, Department of Transportation All of the above documents, sometimes hereinafter referred to as the "Contract Documents," are intended to cooperate so that any work called for in one and not mentioned in the other is to be executed the same as if mentioned in all said documents. ARTICLE I That for and in consideration of the payments and agreements hereinafter mentioned, the Contractor agrees with the City, at Contractor's cost and expense, to do all the work and furnish all the materials except such as are mentioned in the specifications to be furnished by the City, necessary to maintain in a good workmanlike and substantial manner to the satisfaction of the City the proposed maintenance of landscaped areas. ARTICLE 11 The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division 2 of the Labor Code. The Contractor and any Subcontractor will pay the general prevailing wage rate and other employer payments for health and welfare, pension, vacation, travel time, and subsistence pay, apprenticeship or other training programs. The responsibility for compliance with these Labor Code requirements is on the prime contractor. ARTICLE III And the Contractor agrees to receive and accept the following prices as full compensation for furnishing the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until it's acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work; and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Contract Documents and the requirements of the Engineer under them, to -wit: R:\GROUP\STREETS\LANDSCAPE\CONTRACTMAINTENANCE\2011\Land6oape (A -B-0) Contract 2011.doc 11/18/2010 ARTICLE IV By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the LaborCode, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. ESTIMATED JTEM. UNIT QUANTITY UNIT PRICE TOTAL ANNUAL PRICE EXMrr GROUP a TURFSITES PERGROUPA- MOWING, PRUNING, WEED CONTROL, LITTER PICK UP, IRRIGATION MAINTENANCE PER SPECIFICATIONS 1 LS $2,776.00/Month $33,312.00 EXHIBIT GROUP B SITES PER GROUP B - WEED CONTROL, LITTER PICK UP, ONCE PER MONTH, PRUNINGONCE PER THREE MONTHS, AS PER SPECIFICATIONS, IRRIGATION MAINTENANCE INCLUDED 1 LS $6,970.00/Month $83,640.00 EXHIBIT GROUP SITES PER GROUP C - WEED CONTROL, LITTER PICK UP, ONCE PER MONTH, PRUNINGONCE PERTHREE MONTHS, AS PER SPECIFICATIONS, IRRIGATION MAINTENANCE INCLUDED 1 IS $2,_063.00/Month $24,756.00 $141,710.00 References must be submitted with bid proposal as described in Section 2.140 ARTICLE V It is further expressly agreed by and between the parties hereto that, should there be any conflict between the terms cf this instrument and the Bid Proposal of the Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance cf the said terms cf said proposal conflicting herewith. R:\GROUPISTREETSAANDSCAPEICONTRACT MAINTENANCE12011\Landscape(A-B-C) Contract2011.doa 11/18/2010 WHEN SIGNING THIS CONTRACT, THE CONTRACTOR AGREES THAT THE PERIOD FOR THIS CONTRACT S JANUARY 1,201 ITHROUGH DECEMBER 31,201 1, AND THE CONTRACTOR AGREES TO SUBMIT MONTHLYBnTIN:Z NO LATER THAN THE 10TH OF EACH MONTH. IN WITNESS WHEREOF, the parties hereto have hereunderset their hands the day and year first written. tCONTRA""I A Authorizecl Signature V �-e S-( y - - Title TYPE OF ORGANIZATION individual, Partnershipor Corpsration $ -5-7 (o C f &f e - Address CITY OF LODI A Municipal,corporation Dated: N °v r Zq 2010 (Affix corporate seal if Corporation) 9(&) 3'e( "W� Telephone Konradt Bartlam Date City Manager Atte Ran City Clerk �tIIC) DA QDstoForm'._1:2A-Z.�1l0 9cha bate City Attorney RAGROUP\STREETSTANDSCAMCONTRACT MAINTENANCE1201IUndsoape (A -B -C) Contract2011.doo 11/18/2010 CITY OF LORI PUBLIC WORKS DEPARTMENT CONTRACT CHANGE 011DE11 NO. 1 Sheet I of I Date March 31, 2011 Account No. 3215036 PROJECT: Maintenance of Miscellanoous Landscape Areas 2011, Extra Sites CONTRACTOR: DomilIqUoz Landscape Services, Inc 4 fY" YOU are dirocted to make the following changos or do the following work not include Plans and Specifications or) this contract. ---------- ------- Acid Reynolds Ranch sites U2025, U2027, U2026, U2076, U2077, 02066, V20Y, V2018, V2019, V2029, V2120, V2133, V2122, V2123, V2!-j-ft,3, V2137, V2126, V2147, as per attached qL10to for $465.00 pot, month starting April 2011. Total cost $4,185.00 Add E, Lodi Avenuo, siles, 1-2190, M2209, M2201 as per the altached quote f0r$156.00 per month starting April 2011. Total costK,$1,404.00 Original Contract Price Total Cost of This Change Order NOT TO EXCEED Previous Change Orders Total Cost of All Change Orders to Date Time of completion will bo adjusted as follows: NIA SUbaiittod By C4 Approval Approved, Public Works Director—,,&& Approved, City Manager Public Wor Total Both Areas $5,589.00 PERCENT OF CONTRACT $141,708 3194% $0 $5,589.00 3.94% IVI 10'2f0M Date, Policies and Procedures, Administration 4.1) The undersigned contractor, having carefully considered the change proposed, agrees, if this proposal is approved, to provide all equipment, furnish all materials, except as otherwise noted above, perform all services necessary forthe work above specified, and accept as full payment the prices shown above, ACCEPTED.Date 'vv' AA Contractor ------- Fly If the contractdr does not sig /acceptance of this order, tho contractor should refer to Section 4- 1,03A d the Standard Specifications tegarding filing a written protest within the specified time. tAAlr4TENANCR?,Oli\(,oiittiic(Ctizii)UoOi(lot I f1ri t E I RR& E t odl,doo ( e t v, w_� I I MEWW 21 I V T 0, R e1101Y'" cls, 1,incll I 21 1" .w 400' I I tit�uln MU11011 Wy. Ifpr'y I; _. � % 3 p lan arri'm Driftwood Dr. �-2183 - -- 219 Rocky I'M U) sr I o oP I V T 0, R e1101Y'" cls, 1,incll I 21 1" .w 400' PUBLIC WORKS DEPARTMENT CONTRACT CHA14GE ORDER NO. 2 Shoot 1 of 'I Cate May 3,201 1 Account No. 3215036 ?s 't PROJECT: Maintenance of Miscellant)()Us Landscape Areas 2011 r3 CONTHACTOf�: Dominguez Landscape Services, Inc , You are directed to make tho fallowing changes or do the following work not included in fiho Plans and Specifications on this contract. Add additional arm for E, Lodi Avenue sites M2201 as per the attached quote for $48.58 per month starting May 2011. Total cost $388.84 PERCENT Off" CONTRACT OriginalContraci Price $141,708 'Total Cost of This Change Order NOT1*0 EXCEED $308.61 0,27% Previous Changc,, Orders $5,589.00 3.94% Total Cost of All Change; Orders to Date $5,977,64 4,21% Contract Price, Including All Change, Orders, Will Be: $147,695.64 Tine of completion will be adjusted as follows: N/A Submitted By Curtis Jurantate: May3�_�01.1 Approval Recommended� ���� ��W Data Approved, Public Works Director� Approved, City Manager (Por Public WAs Policies and Procoduros, Administration 4.1) {date The undersigned contractor, having carefully considered the change proposed, agrees, ifthis proposal is approved, to provide all equipment, furnish all materials, except as otherwise noted above, perform all services necessary for the work above specified, and accept as full payment the prices shown above. r r f � a � # 1 , AGGEPTEP" Datp f i 5 1 CflntYaGtC7r_._. _ ._ _ ' ` . ._� _ } / I al By— —u _. If the contractordoes viet sign acceptance of this order, the contractor should refer to Section 4- 1.03A of the Standard Specifications regarding filing a written protest within the specified time. (3:AC,ROUP\Sl"R1 1.�7S\LAND:3CAPG\CONTIIAC7 MAINTENANCO201 TlContiact Change Ord©r 2 E LcALdocCon(ract ChanUe, Order 2 F Lodl.doc OMINGUEZ D 'a' Sr-RVICES INC. May 2, 2011 City of Lodi 1331 South Ham Lane Lodi, CA 95241 All -N: Curt .)saran REF: City of Lodi Landscape Maintenance SUB: M2201 - Lodi Ave. @ Cherokee Ln. Dear Mr. Juran: Specialists since 1980 Residential. Commercial o Public Works Licensed., Class A & C-27 State Contractors Liconse #660126 We hereby propose to furnish all labor, materials, and equipment to perforni the fallowing: Viorwth(V maintenance cost. for the added area to current M2201 F. Lodi Ave. @ Cherokee Ln. location ... - ..... .......... — .................................. ................ ..... $ 48.58/mth ADDITIONAL COST PER MONTH ................................................................ $ 48.581mth The total amount will be due upon completion of all work. We would like to thank you for the opportunity to submit this proposal. Upon approval, please sign and return to our office for our records. )8us Perez DOMINGUEZ LANDSCAPE SERVICES, INC. Dominguez Landscape Services, Inc. CA State Contractor Lic. #560128 C27 - Landscaping & A - General Engineering Contractor CA State Pest Control Lic. #30509 CA State Nursery Stock Lic. #132584.001 Date: Date, 8376RovanaGirdo - SaCrMonto,GA95828 - (916)381-8855 - 1(800)479-.0222 - Fox(916)381-4796 Email: dis(o�don-iltiguezlitidscape.n(�t Mailing Addrcst,,: R0. Box 292727 - SacrarnGnto, CA 95829 EXHIBIT B Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this contract, insurance coverage as listed below. These insurance policies shall protect the Contractor and any subcontractor performing work covered by this contract from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from Contractor's operations under this contract, whether such operations be by Contractor or by any subcontractor or by anyone directly or indirectly employed by either of them, and the amount of such insurance shall be as follows: COMPREHENSIVE GENERAL LIABILITY 2. COMPREHENSIVE AUTOMOBILE LIABILITY $2,000,000 Ea. Occurrence $1,000,000 Bodily Injury - Ea. Person $1,000,000 Bodily Injury - Ea. Occurrence $4,000,000 Aggregate $1,000,000 Property Damage - Ea. Occurrence NOTE: Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Fine Street, Lodi, California, 95241-1910; (2) The insurance certificate must state, on its face or as an endorsement, a description of the project that it is insuring. A copy of the certificate of insurance with the following endorsements shall be furnished to the City: (a) Additional Named Insured Endorsement Such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed Boards, Commissions, Officers, Agents, Employees, and Volunteers as additional named insureds. (This endorsement shall be on a form furnished to the City and shall be included with Contractor's policies.) (b) Primary Insurance Endorsement Such insurance as is afforded by the endorsement for the Additional Insureds shall apply as primary insurance. Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not contributing with the insurance afforded by this endorsement. (c) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability. (d) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA 95240. Compensation Insurance The Contractor shall take out and maintain during the life of this contract, Worker's Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work is sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected underthe Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Fine St., Lodi, CA 95240. A Waiver of Subrogation against the City of Lodi is required. NOTE: No contract agreement will be signed nor will any work begin on a project until the proper insurance certificate is received by the City. RESOLUTION NO. 2011-160 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING CITY MANAGER TO EXECUTE ONE-YEAR EXTENSION OF CONTRACT FOR CITY -FUNDED MAINTENANCE OF CONSOLIDATED LANDSCAPED AREAS WHEREAS, on November 17, 2010, City Council awarded the contract for the City -Funded Maintenance of Consolidated Landscape Areas to Dominguez Landscape Services, Inc., of Sacramento, California; and WHEREAS, the specifications included an option to renew the contract, and Dominguez Landscape Services, Inc., has offered to extend the existing contract prices through 2012 with no cost increase; and WHEREAS, staff recommends executing a one-year extension of the contract with Dominguez Landscape Services, Inc. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the one-year extension of the contract with Dominguez Landscape Services, Inc., of Sacramento, California, for the City -Funded Maintenance of Consolidated Landscaped Areas in the amount of $149,742.96; and BE IT FURTHER RESOLVED that the City Council does hereby authorize the City Manager to execute the contract extension. Dated: October 19, 2011 hereby certify that Resolution No. 2011-160 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 19, 2011, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Katzakian, Mounce, Nakanishi, and MayorJohnson NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— None City Clerk 2011-160