HomeMy WebLinkAboutAgenda Report - June 17, 2015 C-06 SMAGENDA ITEM
(1)CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Awarding Contract for 2015/16 Transit Station Landscape Maintenance to
Marina Landscape Inc., of Livermore ($15,520), and Authorizing Public Works Director to
Execute Extensions
MEETING DATE: June 17, 2015
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution awarding contract for 2015/16 Transit Station Landscape
Maintenance to Marina Landscape Inc., of Livermore, in the amount of
$15,520, and authorizing Public Works Director to execute extensions.
BACKGROUND INFORMATION: The project provides maintenance to approximately 15,500 square feet of
landscaped area at the Lodi Transit Station and Parking Structure. The
planters at the Arch between the Lodi Transit Station and the Parking
Structure are also included in this contract.
The specifications for this project were approved May 6, 2015. The City received the following three bids on May
28, 2015.
Bidder Location
Proposals
Engineer's Estimate
$16,000
Marina Landscape Inc. Livermore
$15,520
Dominguez Landscape Sacramento
$23,167
New Image Landscape Company Fremont
$29,080
The contract contains an option to extend if mutually agreeable to the City and contractor. Staff recommends
authorizing the Public Works Director to execute up to two one-year extensions to the contract when it is in the
best interest of the City to do so.
FISCAL IMPACT: This annual contract increases the frequency level for maintenance at the site and
pays the contractor the federal prevailing wage rates. This level of service and wage
rate increased the cost by $7,818 compared to the previous contract.
FUNDING AVAILABLE. Funding for this project comes from the 2015/16 Transit Operating Budgets
(60054105).
Jordan Ayers
Deputy City Manager/Internal Services Director
F. Wally andelin
Public Works Director
Prepared by Sean Nathan, Associate Engineer
FWS/SN/jr
cc: Utilities Superintendent
APPROVED: _- a
Stephen i±hwabauer, City -M nager
K:\WP\PROJECTS\TRANSIT\2015-2016 Transit Station Landscape Maintenance\CAward.doc 06/02/2015
2015-2016 TRANSIT STATION CONTRACT
LANDSCAPE MAINTENANCE
CITY OF LODI, CALIFORNIA
THIS CONTRACT made by and between the CITY OF LODI, State of California, herein
referred to as the "City," and MARINA LANDSCAPE INC., herein referred to as the
"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
Information to Bidders
General Provisions
Special Provisions
Bid Proposal
Contract
Contract Bonds
Plans
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, to be made and performed by the City and under the condition expressed in
the two bonds bearing even date with these presents and hereunto annexed, 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 construct and complete in a good workmanlike and
substantial manner and to the satisfaction of the City the proposed improvements as
shown and described in the Contract Documents which are hereby made a part of the
Contract.
ARTICLE II - The City hereby promises and agrees with the Contractor to employ, and
does hereby employ, the Contractor to provide all materials and services not supplied by
the City and to do the work according to the terms and conditions for the price herein,
and hereby contracts to pay the same as set forth in Section 5.600, "Measurement,
Acceptance and Payment," of the General Provisions, in the manner and upon the
conditions above set forth; and the said parties for themselves, their heirs, executors,
administrators, successors and assigns, do hereby agree to the full performance of the
covenants herein contained.
ARTICLE III - 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,
Contract.doc 4.1 05/28/15
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 IV - And the Contractor agrees to receive and accept the following prices as
full compensation for furnishing all materials and for doing all 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
its 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 Plans and Contract Documents and the requirements of
the Engineer under them, to -wit:
Perform the work necessary to maintain approximately 15,500 square feet of
landscaped area at the Lodi Transit Station and Parking Structure., all as shown on the
specifications for the project.
See Section 6-07 "Description of Bid Items" and the Exhibits for additional information.
CONTRACT ITEMS
Item
Description
Unit
Total Monthly
Maintenance Price
Annual Contract Price
(Monthly Price x 12)
Transit Station and Parking
1
Structure Landscape
LS
$ 1,210.00/Month
$ 14,520.00
Maintenance
Planting Allowance (only with
LS�
2
N/A
$ 1,000.00
City authorization)
TOTAL $15.520.00
ARTICLE V - By my signature hereunder, as Contractor, I certify that I am aware of the
provisions of Section 3700 of the Labor Code, 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.
ARTICLE VI - It is further expressly agreed by and between the parties hereto that,
should there be any conflict between the terms of this instrument and the Bid Proposal
of the Contractor, then this instrument shall control and nothing herein shall be
considered as an acceptance of the said terms of said proposal conflicting herewith.
ARTICLE VII - The City is to furnish the necessary rights-of-way and easements and to
establish lines and grades for the work as specified under the Special Provisions. All
labor or materials not mentioned specifically as being done by the City will be supplied
by the Contractor to accomplish the work as outlined in the specifications.
ARTICLE VIII - The length
2015 and ending June 30,
Contractor and the City.
of the contract will be twelve (12) months, starting July 1,
2016. The contract may be extended if agreed upon by the
Contract.doc 4.2 05/28/15
ARTICLE IX - State of California Senate Bill 854 requires the following:
No contractor or subcontractor may be listed on a bid proposal for a public works
project (submitted on or after March 1, 2015) unless registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5 [with
limited exceptions from this requirement for bid purposes only under Labor Code
section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a
public works project (awarded on or after April 1, 2015) unless registered with
the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations.
contract.doc 4.3 05/28/15
WHEN SIGNING THIS CONTRACT, THE CONTRACTOR AGREES THAT THE TIME
OF COMPLETION FOR THIS CONTRACT IS REASONABLE AND THE
CONTRACTOR AGREES TO PAY THE CITY LIQUIDATED DAMAGES AS SET
FORTH IN SECTION 6-04.03 OF THE SPECIAL PROVISIONS. CONTRACTOR
AGREES THAT THIS AMOUNT MAY BE DEDUCTED FROM THE AMOUNT DUE THE
CONTRACTOR UNDER THE CONTRACT.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands
the year and date written below.
CONTRACTOR:
0
Title
(CORPORATE SEAL)
CITY OF LODI, a municipal corporation
M
STEPHEN SCHWABAUER
City Manager
Date:
Attest:
JENNIFER M. FERRAIOLO
City Clerk
Approved As To Form:
JANICE D. MAGDICH
City Attorney
Contract.doc 4.4 05/26/15
2015-2016 TRANSIT STATION
LANDSCAPE MAINTENANCE
SECTION 5A
FEDERAL REQUIREMENTS
5A-1. Energy Conservation
CONTRACTOR agrees to comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with
the Energy Policy and Conservation Act.
5A-2. Access to Records
The following access to records requirements apply to this Contract:
a. Where the Purchaser is not a State but a local government and is the FTA
Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R.
18.36(1), the Contractor agrees to provide the Purchaser, the FTA Administrator,
U. S. Secretary of Transportation, the Comptroller General of the United States
or any of their authorized representatives access to all third party contract
records as required by 49 U.S.C. § 5325(g). Contractor also agrees, pursuant to
49 C.F.R. 633.17 to provide the FTA Administrator or his authorized
representatives including any PMO Contractor access to Contractor's records
and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)1, which is receiving federal financial assistance through the programs
described at 49 U.S.C. 5307, 5309 or 5311.
Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the
FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to
provide the Purchaser, the FTA Administrator or his authorized representatives,
including any PMO Contractor, access to the Contractor's records and
construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)1, which is receiving federal financial assistance through the programs
described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project
excludes contracts of less than the simplified acquisition threshold currently set
at $100,000.
C. Where the Purchaser enters into a negotiated contract for other than a small
purchase or under the simplified acquisition threshold and is an institution of
higher education, a hospital or other non-profit organization and is the FTA
Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R.
19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the
Comptroller General of the United States or any of their duly authorized
representatives with access to any books, documents, papers and record of the
Contractor which are directly pertinent to this contract for the purposes of making
audits, examinations, excerpts and transcriptions.
d. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA
Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a
capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other
than competitive bidding, the Contractor shall make available records related to
the contract to the Purchaser, the Secretary of Transportation and the
Comptroller General or any authorized officer or employee of any of them for the
purposes of conducting an audit and inspection.
e. The Contractor agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
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The Contractor agrees to maintain all books, records, accounts and reports
required under this contract for a period of not less than three years after the
date of termination or expiration of this contract, except in the event of litigation
or settlement of claims arising from the performance of this contract, in which
case Contractor agrees to maintain same until the Purchaser, the FTA
Administrator, the Comptroller General, or any of their duly authorized
representatives, have disposed of all such litigation, appeals, claims or
exceptions related thereto. Reference 49 CFR 18.36(1)(11).
g. FTA does not require the inclusion of these requirements in subcontracts
5A-3. Federal Changes
CONTRACTOR shall at all times comply with all applicable FTA regulations, policies, procedures
and directives, including without limitation those listed directly or by reference in the Department
of Transportation, Federal Transit Administration, Master Agreement (FTA MA (21) dated October
1, 2014), between Purchaser and FTA, as they may be amended or promulgated from time to
time during the term of this contract. CONTRACTOR's failure to so comply shall constitute a
material breach of this contract.
5A-4. No Government Obligation to Third Parties
CITY OF LODI and CONTRACTOR acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the Federal
Government is not a party to this contract and shall not be subject to any obligations or liabilities
to CITY OF LODI, CONTRACTOR, or any other party (whether or not a party to that contract)
pertaining to any matter resulting from the underlying contract.
The CONTRACTOR agrees to include the above clause in each subcontract financed in whole or
in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, except to identify the SUBCONTRACTOR who will be subject to its provisions.
5A-5. Program Fraud and False or Fraudulent Statements or Related Acts.
The CONTRACTOR acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of
the underlying contract, the CONTRACTOR certifies or affirms the truthfulness and accuracy of
any statement it has made, it makes, it may make, or causes to be made, pertaining to the
underlying contract or the FTA assisted project for which this contract work is being performed. In
addition to other penalties that may be applicable, the CONTRACTOR further acknowledges that
if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or
certification, the Federal Government reserves the right to impose the penalties of the Program
Fraud Civil Remedies Act of 1986 on the CONTRACTOR to the extent the Federal Government
deems appropriate.
The CONTRACTOR also acknowledges that if it makes, or causes to be made, a false, fictitious,
or fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the
right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the
CONTRACTOR, to the extent the Federal Government deems appropriate.
The CONTRACTOR agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses
shall not be modified, except to identify the SUBCONTRACTOR who will be subject to the
provisions.
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5A-6. Termination
A. Termination for Convenience (General Provision)
The CITY OF LODI may terminate this contract, in whole or in part, at any time by written
notice to the Contractor when it is in the Government's best interest. The Contractor shall
be paid its costs, including contract close-out costs, and profit on work performed up to
the time of termination. The Contractor shall promptly submit its termination claim to CITY
OF LODI to be paid the Contractor. If the Contractor has any property in its possession
belonging to the CITY OF LODI, the Contractor will account for the same, and dispose of
it in the manner the CITY OF LODI directs.
B. Termination for Default [Breach or Cause] (General Provision)
If the Contractor does not deliver supplies in accordance with the contract delivery
schedule, or, if the contract is for services, the Contractor fails to perform in the manner
called for in the contract, or if the Contractor fails to comply with any other provisions of
the contract, the CITY OF LODI may terminate this contract for default. Termination shall
be effected by serving a notice of termination on the contractor setting forth the manner in
which the Contractor is in default. The contractor will only be paid the contract price for
supplies delivered and accepted, or services performed in accordance with the manner of
performance set forth in the contract.
If it is later determined by the CITY OF LODI that the Contractor had an excusable
reason for not performing, such as a strike, fire, or flood, events which are not the fault of
or are beyond the control of the Contractor, the CITY OF LODI, after setting up a new
delivery of performance schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
C. Opportunity to Cure (General Provision)
The CITY OF LODI in its sole discretion may, in the case of a termination for breach or
default, allow the Contractor [an appropriately short period of time] in which to cure the
defect. In such case, the notice of termination will state the time period in which cure is
permitted and other appropriate conditions
If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of
the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by
Contractor of written notice from CITY OF LODI setting forth the nature of said breach or
default, (Recipient) shall have the right to terminate the Contract without any further
obligation to Contractor. Any such termination for default shall not in any way operate to
preclude (Recipient) from also pursuing all available remedies against Contractor and its
sureties for said breach or default.
D. Waiver of Remedies for any Breach
In the event that (Recipient) elects to waive its remedies for any breach by Contractor of
any covenant, term or condition of this Contract, such waiver by CITY OF LODI shall not
limit CITY OF LODI's remedies for any succeeding breach of that or of any other term,
covenant, or condition of this Contract.
E. Termination for Default (Construction)
If the Contractor refuses or fails to prosecute the work or any separable part, with the
diligence that will insure its completion within the time specified in this contract or any
extension or fails to complete the work within this time, or if the Contractor fails to comply
with any other provisions of this contract, the CITY OF LODI may terminate this contract
for default. The CITY OF LODI shall terminate by delivering to the Contractor a Notice of
Termination specifying the nature of the default. In this event, the CITY OF LODI may
take over the work and compete it by contract or otherwise, and may take possession of
and use any materials, appliances, and plant on the work site necessary for completing
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the work. The Contractor and its sureties shall be liable for any damage to the Recipient
resulting from the Contractor's refusal or failure to complete the work within specified
time, whether or not the Contractor's right to proceed with the work is terminated. This
liability includes any increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged with
damages under this clause if -
the delay in completing the work arises from unforeseeable causes beyond the
control and without the fault or negligence of the Contractor. Examples of such
causes include: acts of God, acts of the CITY OF LODI, acts of another Contractor in
the performance of a contract with the CITY OF LODI, epidemics, quarantine
restrictions, strikes, freight embargoes; and
2. the contractor, within [10] days from the beginning of any delay, notifies the CITY OF
LODI in writing of the causes of delay. If in the judgment of the CITY OF LODI, the
delay is excusable, the time for completing the work shall be extended. The judgment
of the CITY OF LODI shall be final and conclusive on the parties, but subject to
appeal under the Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the
Contractor was not in default, or that the delay was excusable, the rights and obligations
of the parties will be the same as if the termination had been issued for the convenience
of the CITY OF LODI.
F. Termination for Convenience or Default (Architect and Engineering) The CITY OF LODI
may terminate this contract in whole or in part, for the CITY OF LODI's convenience or
because of the failure of the Contractor to fulfill the contract obligations. The CITY OF
LODI shall terminate by delivering to the Contractor a Notice of Termination specifying
the nature, extent, and effective date of the termination. Upon receipt of the notice, the
Contractor shall
1. immediately discontinue all services affected (unless the notice directs otherwise),
and
2. deliver to the Contracting Officer all data, drawings, specifications, reports, estimates,
summaries, and other information and materials accumulated in performing this
contract, whether completed or in process.
If the termination is for the convenience of the CITY OF LODI, the Contracting Officer
shall make an equitable adjustment in the contract price but shall allow no anticipated
profit on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the CITY
OF LODI may complete the work by contact or otherwise and the Contractor shall be
liable for any additional cost incurred by the CITY OF LODI.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the same
as if the termination had been issued for the convenience of the CITY OF LODI.
G. Termination for Convenience of Default (Cost -Type Contracts) The CITY OF LODI may
terminate this contract, or any portion of it, by serving a notice or termination on the
Contractor. The notice shall state whether the termination is for convenience of the CITY
OF LODI or for the default of the Contractor. If the termination is for default, the notice
shall state the manner in which the contractor has failed to perform the requirements of
the contract. The Contractor shall account for any property in its possession paid for from
funds received from the CITY OF LODI, or property supplied to the Contractor by the
CITY OF LODI. If the termination is for default, the CITY OF LODI may fix the fee, if the
contract provides for a fee, to be paid the contractor in proportion to the value, if any, of
work performed up to the time of termination. The Contractor shall promptly submit its
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termination claim to the CITY OF LODI and the parties shall negotiate the termination
settlement to be paid the Contractor.
If the termination is for the convenience of the CITY OF LODI, the Contractor shall be
paid its contract close-out costs, and a fee, if the contract provided for payment of a fee,
in proportion to the work performed up to the time of termination.
If, after serving a notice of termination for default, the CITY OF LODI determines that the
Contractor has an excusable reason for not performing, such as strike, fire, flood, events
which are not the fault of and are beyond the control of the contractor, the CITY OF
LODI, after setting up a new work schedule, may allow the Contractor to continue work,
or treat the termination as a termination for convenience.
5A-7. Government -wide Debarment and Suspension (Non procurement)
The CONTRACTOR agrees to comply, and assures the compliance of each third party
CONTRACTOR and SUBCONTRACTOR at any tier, with Executive Orders Nos. 12549 and
12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, and U.S. DOT regulations,
"Government wide Debarment and Suspension (Nonprocurement)," within 49 C.F.R. Part 29.
5A-8. Not Used.
5A-9. Civil Rights
a. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as
amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of
1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49
U.S.C. § 5332, the CONTRACTOR agrees that it will not discriminate against
any employee or applicant for employment because of race, color, creed,
national origin, sex, age, or disability. In addition, the CONTRACTOR agrees
to comply with applicable Federal implementing regulations and other
implementing requirements FTA may issue.
b. Equal Employment Opportunity - The following equal employment
opportunity requirements apply to the underlying contract:
Race, Color, Creed, National Origin, Sex - In accordance with Title VII of
the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit
laws at 49 U.S.C. § 5332, the CONTRACTOR agrees to comply with all
applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of
Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order
No. 11246, "Equal Employment Opportunity," as amended by Executive
Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any
applicable Federal statutes, executive orders, regulations, and Federal
policies that may in the future affect construction activities undertaken in
the course of the Project. The CONTRACTOR agrees to take affirmative
action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, creed,
national origin, sex, or age. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay
or other forms of compensation; and selection for training, including
apprenticeship. In addition, the CONTRACTOR agrees to comply with
any implementing requirements FTA may issue.
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ii. Age - In accordance with section 4 of the Age Discrimination in
Employment Act of 1967, as amended, 29 U.S.C. § 623 and Federal
transit law at 49 U.S.C. § 5332, the CONTRACTOR agrees to refrain
from discrimination against present and prospective employees for
reason of age. In addition, the CONTRACTOR agrees to comply with
any implementing requirements FTA may issue.
iii. Disabilities - In accordance with section 102 of the Americans with
Disabilities Act, as amended, 42 U.S.C. § 12112, the CONTRACTOR
agrees that it will comply with the requirements of U.S. Equal
Employment Opportunity Commission, "Regulations to Implement the
Equal Employment Provisions of the Americans with Disabilities Act," 29
C.F.R. Part 1630, pertaining to employment of persons with disabilities.
In addition, the CONTRACTOR agrees to comply with any implementing
requirements FTA may issue.
The CONTRACTOR also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify
the affected parties.
5A-28. Disadvantaged Business Enterprise (DBE)
This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
Participation by Disadvantaged Enterprises in Department of Transportation Financial Assistance
Programs. For Federal Fiscal Year 2014/15 through 2016/17, the overall DBE goal for City of Lodi
FTA assisted contracts is 2.75%. However, there is not a contract goal for this project.
Contract Assurance
The contractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49 CFR
Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to
carry out these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy as CITY OF LODI deems appropriate. Each
subcontract the contractor signs with a subcontractor must include the assurance in this
paragraph (see 49 CFR 26.13(b)).
5A-29. Prompt Payment
Prompt Progress Payment to Subcontractors
Attention is directed to the provisions in Federal Regulations (49 CFR 26.29) concerning
payment to subcontractors. The contractor shall make prompt and regular incremental
acceptances of portions, as determined by the CITY OF LODI, of the contract work and shall
pay retainage to the prime contractor based on these acceptances.
The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory
performance of its contract no later than thirty (30) days from the receipt of each payment the
prime contractor receives from the CITY OF LODI. Any delay or postponement of payment from
the above referenced time frame may occur only for good cause following written approval of
the City of Lodi. This clause applies to both DBE and non -DBE subcontracts.
Prompt Payment of Withheld Funds to Subcontractors
The prime contractor agrees to return retainage payments to each subcontractor within thirty
(30) days after the subcontractor's work is satisfactorily completed and accepted including
incremental acceptances of portions of the contract work by the CITY OF LODI. Federal
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Regulation (49 CFR 26.29) requires that any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval of the CITY OF
LODI. This clause applies to both DBE and non -DBE subcontracts.
Monitoring and Enforcement
Violation of the City of Lodi's prompt payment and retainage provisions shall subject the
violating prime contractor to the penalties, sanctions, and other remedies specified in Section
7108.5 of the California Business Professions Code. This requirement shall not be construed to
limit or impair any contractual, administrative, or judicial remedies, otherwise available to the
contractor or subcontractor in the event of: a dispute involving late payment or nonpayment by
the contractor; deficient subcontractor performance; and/or noncompliance by a subcontractor.
This clause applies to both DBE and non -DBE subcontractors.
5A-30. Incorporation of FTA Terms
The preceding provisions include, in part, certain Standard Terms and Conditions required by
DOT, whether or not expressly set forth in the preceding contract provisions. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by
reference. Anything to the contrary herein notwithstanding, all FTA -mandated terms shall be
deemed to control in the event of a conflict with other provisions contained in this Agreement.
The CONTRACTOR shall not perform any act, fail to perform any act, or refuse to comply with
any CITY OF LODI request, which would cause CITY OF LODI to be in violation of the FTA terms
and conditions.
5A-31. Not Used.
5A-32. Not Used.
2015-16 Trans-LS-Maint5A.doc 5A.7 6/8/2015
CITY OF LODI FINAL EXPENDITURE REPORT
0 Gra Line
CONTRACT TITLE/NO.
FEDERAL AID PROJECT NUMBER
TOTAL CONTRACT AWARD AMOUNT
DATE OF AWARD
PRIME CONTRACTOR/CONSULTANT NAME AND ADDRESS
TOTAL EXPENDITURES AT END OF CONTRACT
DATE OF CONTRACT COMPLETION
PROJECT MANAGER NAME
PROJECT MANAGER SIGNATURE
DATE
CONTACT PERSON NAME RE: FINAL EXP. REPORT
CONTACT PHONE NUMBER CONTACT EMAIL
Important: I)Identify all DBE fins being claimed for credit. 2 List names of all DBE subcontractors and their respective items
of work.
LIST BUSINESS FIRM(s) List Name, Address,
and Contact Person (if not the same as above)
Phone Number
Email
Address
Item of Work, Service
Or MateriaD Supplied
NAICS Code
(if known)*
r
Date of
Work
Completed
Date of
Final
Payment
Total Aount
paid
%of Total
Expenditures
Certified
DBE
Y N
DBE
Certification
Number
Certified
SBE
(Y/N)
BE
Cert--rfication
Number
A. PRIME Contractor
B. Subcontractor/Supplier
TOTAL
Comments/Notes: (Explain cost overruns or discrepancies: DBE firm substitutions, etc.)
* NAICS Code: North Anencan Industry Classification System Code. Codes can be found at htt p://www.census.g.v/e.s/www/naics
Type of DBE: (1) Black American (2) Latino/Hispanic (3) Native American (4) Asian-Pacific (5) Asian-Subcontinent (6) Women (7) Other (designated by the Small Business Administration)
1. DBEs must be certified by Caltrans or an agency participating In the California Unified Certification Program Visit the Caltrans website at http://dot.ca. gov/hq/bep/ucp. htm for a list of participating agencies.
2. Important: Attach the proof of certlNcatlon for each DBE or SBE firm used toward meeting the DBE or SBE goal If different from "Bidders/Proposers Information Request Form."
3. This Information will be c=sed for conslstency with the "Bidders/Proposers Infomm.
atlon Request For"
4. Use additional sheets as sary
2015-16 Trans-LS-Maint5kdoc 5A.8 6/8/2015
RESOLUTION NO. 2015-76
A RESOLUTION OF THE LODI CITY
COUNCIL AWARDING THE CONTRACT
FOR THE 2015/16 TRANSIT STATION
LANDSCAPE MAINTENANCE PROJECT
WHEREAS, in answer to notice duly published in accordance with law and the order
of this City Council, sealed bids were received and publicly opened on May 28, 2015, at
11:00 a.m., for the 2015/16 Transit Station Landscape Maintenance project, described in the
specifications therefore approved by the City Council on May 6, 2015; and
WHEREAS, said bid has been checked and tabulated and a report thereof filed with
the City Manager as follows:
Bidder Bid
Marina Landscape, Inc. $ 15,520
Dominguez Landscape $ 23,167
New Image Landscape Company $ 29,080
WHEREAS, staff recommends awarding the bid for the 2015/16 Transit Station
Landscape Maintenance project to the low bidder, Marina Landscape, Inc., of Livermore; and
WHEREAS, staff further recommends authorizing the Public Works Director to
execute up to two (2) one-year extensions to the contract if in the best interest of the City to
do so, and on the same terms and conditions set forth in the contract.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
award the contract for the 2015/16 Transit Station Landscape Maintenance project to the low
bidder, Marina Landscape, Inc., of Livermore, California, in the amount of $15,520; and
BE IT FURTHER RESOLVED that the Public Works Director is hereby authorized to
execute up to two (2) one-year extensions to the contract if in the best interest of the City to
do so, and on the same terms and conditions set forth in the contract.
Dated: June 17, 2015
I hereby certify that Resolution No. 2015-76 was passed and adopted by the City
Council of the City of Lodi in a special meeting held June 17, 2015, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi,
and Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None { J
PAMELA M. FARRIS
Deputy City Clerk
2015-76