HomeMy WebLinkAboutAgenda Report - May 3, 2017 C-09TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
C-9
AGENDA TITLE: Adopt Resolution Authorizing Public Works Director to Execute Contract Extension to
2016-2017 Landscape Maintenance Contract with Odyssey Landscaping Company,
Inc., of Lodi, Including Consumer Price Index Adjustments ($195,251)
MEETING DATE: May 3, 2017
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing Public Works Director to execute contract
extension to 2016-2017 Landscape Maintenance Contract with Odyssey
Landscaping Company, Inc., of Lodi, including Consumer Price Index
adjustments, in the amount of $195,251.
BACKGROUND INFORMATION: The Public Works Department manages an annual contract for
maintenance of city-wide landscaping (excluding parks). This contract
includes approximately 260 sites totaling over 45 acres. The current
contract with Odyssey Landscaping Company, Inc. is set to expire on June 30, 2017. The contract,
consistent with previous contracts, has included the ability to extend the contract if mutually agreeable to
the City and the contractor. The contractor has indicated that it would be difficult to continue the current
contract due to the steady increases in the State minimum wage.
To address the contractor's concern regarding minimum wage increases, staff recommends extending the
contract with the annual Consumer Price Index (CPI) adjustment. The CPI data between February 2016
and February 2017 reflects an increase of 3.035 percent (based on the West Region of the "All Urban
Consumers-AII Items" category) increasing the original contract amount of $189,500 by $5,751 to $195,251
for Fiscal Year 2017/18, if approved by Council. By comparison, the bids submitted in June 2016 by the
second and third lowest bidders for the current contract were both over $235,000.
The level of service provided by Odyssey Landscaping Company, Inc. is superior by comparison to the
previous contractors. This has been demonstrated by a significant decrease in citizen complaints; and the
City has not needed to withhold contract payments on any invoices due to poor workmanship. The second
extension will be considered if the level of service remains good, and both the City and the contractor agree
to extend the contract into the 2018/19 Fiscal Year based on the CPI adjustment.
This contract extension will be contingent on the Fiscal Year 2017/18 Budget being adopted by Council.
The second extension (Fiscal Year 2018/19) would be contingent on adoption of the Fiscal Year 2018/19
Budget. Odyssey Landscape Company, Inc. is agreeable to the terms of the proposed contract extension.
FISCAL IMPACT: This contract results in a net increase of approximately $5,751 from the
previous contract (Fiscal Year 2017/18).
APPROVED:
l
Schwab -atm , City Manager
K:\WP\PROJECTS\STREETS\2016-2017 Landscape Maintenance\CExtensionl7-18.doc
4/21/17
Adopt Resolution Authorizing Public Works Director to Execute Contract Extension to 2016-2017 Landscape Maintenance Contract with Odyssey Landscaping Company.
Inc., of Lodi, Including Consumer Price Index Adjustments ($195,251)
May 3, 2017
Page 2
FUNDING AVAILABLE: Funding for this contract is contingent upon adoption of the Fiscal Year
2017/18 Budget and comes from a combination of different Operating Budgets
(Public Safety, Facilities, Streets, Electric Utility, Water, Wastewater, and
Library) and the Assessment Districts as follows:
Public Safety - Fire Administration
General Government - PW Facility Services
Streets - PW Tree Maintenance
Electric Utility - Substation Maintenance
Wastewater - Plant Maintenance
Wastewater - Sanitation System Maintenance
Water - Production
Library - Library Administration
Assessment Districts
Andrew Keys
Deputy City Manager/Internal Services Director
CQ QC -k2
Charles E. Swimley, Jr.
Public Works Director
Prepared by Sean Nathan, Senior Civil Engineer
CES/SN/tdb
Attachment
cc: Utility Manager
Odyssey Landscaping
10040001.72499
10050001.72499
30156004.72499
50064200.72499
53053003.72499
53053004.72499
53052003.72499
12090000.72499
80198200.72499
K:\WP\PROJECTS\STREETS\2016-2017 Landscape Maintenance\CExtensionl7-18.doc 4/21/17
CONTRACT EXTENSION AGREEMENT
ODYSSEY LANDSCAPE COMPANY, INC.
LANDSCAPE MAINTENANCE OF MISCELLANEOUS AREAS AND LODI
CONSOLIDATED LANDSCAPE ASSESSMENT DISTRICT NO. 2003-1
THIS CONTRACT EXTENSION AGREEMENT, made and effective this day of
, 2017, by and between the CITY OF LODI, a municipal corporation, hereinafter
called "CITY", and ODYSSEY LANDSCAPE COMPANY, INC., a California Corporation,
hereinafter called "CONTRACTOR."
WITNESSETH:
CONTRACT: Contractor and City, entered into a Contract for landscape maintenance of
miscellaneous areas and Lodi Consolidated Landscape Assessment District No. 2003-1
on June 30, 2016 (the "Contract"), as set forth in Exhibit 1, attached hereto and made
part hereof; and
2. PRICES: The prices set forth in the Contract Agreement may be increased in a
percentage amount equal to the Consumer Price Index; and
3. TERM AND TERMS: The term of this Contract Extension Agreement shall commence
July 1, 2017 and terminate June 30, 2018. All other terms and conditions will remain as
set forth in the Contract.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Contract
Extension Agreement on the date and year first above written.
CITY OF LODI, a municipal corporation
hereinabove called "CITY"
STEPHEN SCHWABAUER, City Manager
Attest:
JENNIFER M. FERRAIOLO, City Clerk
Approved as to Form:
y
JANICE D. MAGDICH, City Attorney
ODYSSEY LANDSCAPE COMPANY, INC., a
California Corporation,
hereinabove called "CONTRACTOR"
Name:
Title:
2016-2017 LANDSCAPE MAINTENANCE
OF MISCELLANEOUS AREAS AND
LODI CONSOLIDATED LANDSCAPE
ASSESSMENT DISTRICT 2003-1
Exhibit 1
CONTRACT
CITY OF LODI, CALIFORNIA
THIS CONTRACT made by and between the CITY OF LODI, State of California, herein
referred to as the "City," and ODYSSEY LANDSCAPING COMPANY, 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.
CONTRACT doc
4.1
05/25/16
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,
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:
The work consists of maintaining 259 landscaped areas throughout the City of Lodi. The
areas are separated into six (6) Groups (A through F) that consist of City Facilities and
the Consolidated Landscape Maintenance Assessment District zones. The areas total
approximately 1.94 million square feet. All work is 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
Est. Qty
Unit
Total Monthly
Maintenance Price
Annual Contract
Price (Monthly
Price x 12)
1
Group A Landscape Maintenance
491,486
SF
$ 3,850 / Month
$46,200
2
Group B Landscape Maintenance
995,307
SF
$ 7,200 / Month
$86,400
3
Group C Landscape Maintenance
124,784
SF
$ 735 / Month
$8,820
4
Group D Weed Control and
Debris Cleanup Only (Sidewalks)
131,210
SF
$ 525 / Month
$6,300
5
Group E, Zone 1 Landscape
Maintenance
21,060
SF
$ 190 / Month
$2,280
6
7
Group E, Zone 2 Landscape
Maintenance
16,200
SF
$ 180 / Month
$2,160
$7,500
Group E, Zone 5 Landscape
Maintenance
33,503
SF
$ 625 / Month
8
Group E, Zone 6a Landscape
Maintenance
51,101
SF
$ 760 / Month
$9,120
9
Group E, Zone 8 Landscape
Maintenance
5,796
SF
$ 85 / Month
$1,020
10
Group E, Zone 11 Landscape
Maintenance
1,890
SF
$ 65 / Month
$780
11
Group E, Zone 13 Landscape
Maintenance
10,800
SF
$ 95 / Month
$1,140
CONTRACT.doc
4.2
05/25/16
Item
Description
Est.
Qty
Unit
Total Monthly
Maintenance Price
Annual Contract
Price (Monthly Price
x 12)
$420
12
Group E, Zone 14 Landscape
Maintenance
3,380
SF
$ 35 /Month
13
Group E, Zone 15 Landscape
Maintenance
10,800
SF
$ 120/ Month
$1,440
14
Group E, Zone 16 Landscape
Maintenance
6,000
SF
$ 125/ Month
$1,500
15
Group E, Zone 6b Weed
Control and Debris Cleanup
Only (Private Driveways)
33,625
SF
$ 385/ Month
_
$4,620
16
Group F, Downtown
5,000
SF
$ 400/ Month
$4,800
17
Planting Allowance (only with
City authorization)
1
LS
N/A
$ 5,000.00
TOTAL $189.500
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 of the contract will be twelve (12) months, starting July 1,
2016 and ending June 30, 2017. The contract may be extended if agreed upon by the
Contractor and the City.
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 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 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
05/25/16
WHEN SIGNING THIS CONTRACT, THE CONTRACTOR AGREES THAT THE
SCOPE OF WORK IDENTIFIED IN THIS CONTRACT IS CLEAR AND THE
CONTRACTOR AGREES TO PAY THE CITY 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 TO 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 CITY OF LODI, a municipal corporation
ilei e
By: t.%,.,__.z _
i
Title
(CORPORATE SEAL)
CONTRACT,doc
By:
STEP EN SCHWABAU R
City Manager
Date-
Attest:
i N IIFER M
City Clerk
-YY1.
ERRAIOLO
Approved As To Form:
L__() ..
JANICE ID'. MAGDICH
City Attorney
4.4
05/25/16
RESOLUTION NO. 2017-80
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE PUBLIC WORKS DIRECTOR TO EXECUTE THE CONTRACT
EXTENSION TO THE 2016-2017 LANDSCAPE MAINTENANCE
CONTRACT WITH ODYSSEY LANDSCAPING COMPANY, INC., OF
LODI, INCLUDING CONSUMER PRICE INDEX ADJUSTMENTS
WHEREAS, on June 15, 2016, the City Council awarded the 2016-2017
Landscape Maintenance Contract to Odyssey Landscaping Company, Inc., of Lodi, in
the amount of $189,500; and
WHEREAS, the contractor has indicated that it would be difficult to continue the
contract at the current amount, due to the steady increase in labor costs (directly related
to the increase in the State minimum wage); and
WHEREAS, the annual Consumer Price Index (CPI) adjustment currently
available is between February 2016 and February 2017, and is an increase of
3.035 percent (based on the West Region of the "All Urban Consumers -All Items"
category); and
WHEREAS, staff recommends authorizing the Public Works Director to execute
a contract extension to the 2016-2017 Landscape Maintenance Contract with
Odyssey Landscaping Company, Inc., of Lodi, including Consumer Price Index
adjustments, in the amount of $195,251; and
WHEREAS, staff further recommends authorizing future extensions to include
Consumer Price Index adjustments.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the Public Works Director to execute the contract extension to the 2016-2017
Landscape Maintenance Contract with Odyssey Landscaping Company, Inc., of Lodi,
California, including Consumer Price Index adjustments, in the amount of $195,251; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize
future contract extensions to include Consumer Price Index adjustments.
Dated: May 3, 2017
I hereby certify that Resolution No. 2017-80 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 3, 2017 by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi,
and Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
NIFER FERRAIOLO
City Clerk
2017-80