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HomeMy WebLinkAboutAgenda Report - June 21, 2017 C-07TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM c -z AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Contracts for Fiscal Year 2017/18 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, for Downtown Cleaning ($60,540), Transit Facility Cleaning ($48,778), and Hutchins Street Square Landscape Maintenance ($21,068) MEETING DATE: June 21, 2017 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute contracts for Fiscal Year 2017/18 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, for downtown cleaning in the amount of $60,540, transit facility cleaning in the amount of $48,778, and Hutchins Street Square landscape maintenance in the amount of $21,068. BACKGROUND INFORMATION: United Cerebral Palsy (UCP) has been working for the Public Works Department since 2000 at several City facilities. Staff is proposing to contract with UCP for downtown cleaning, transit facility cleaning, and Hutchins Street Square landscape maintenance. The downtown area, as shown in Exhibit A, addresses street furniture, trash, litter, spills, and leaf removal; the transit facility cleaning addresses the grounds surrounding Lodi Transit Station, the Lodi Transit Station Parking Structure, and sheltered bus stops; and work at Hutchins Street Square includes weekly landscape maintenance, such as weeding, shrub trimming, and debris removal. The UCP program provides meaningful work for the disabled. Each UCP crew generally includes four persons plus a supervisor. The program includes transportation and direct supervision for the crew at the following hourly rates: *Rates reflect the State Minimum Wage increase effective January 1, 2018. UCP is the only known nonprofit organization that pays the disabled the State minimum wage. Other organizations are known to pay crew members less and cite additional benefits such as training, transportation, supervision, and overhead as reasons for below -minimum wage compensation. In addition to strengthening the self-esteem of these crew members, the citizens of Lodi continue to receive excellent services. Per Lodi Municipal Code Section 3.20.070, Bidding, the bidding process may be dispensed when the City Council determines that the purchase or method of purchase is in the best interests of the City. Staff recommends waiving the method of receiving competitive bids since it is advantageous for the City. APPROVED: K:\WP\PROJECTS\MISC\UCP\2017-18\CC Contracts.doc en 94 = uer, City Manager 6/14/17 2017 2018* Downtown Cleaning $59.66 $62.25 Transit Facility Cleaning $59.40 $61.60 Hutchins Street Square Landscape $58.52 $61.12 *Rates reflect the State Minimum Wage increase effective January 1, 2018. UCP is the only known nonprofit organization that pays the disabled the State minimum wage. Other organizations are known to pay crew members less and cite additional benefits such as training, transportation, supervision, and overhead as reasons for below -minimum wage compensation. In addition to strengthening the self-esteem of these crew members, the citizens of Lodi continue to receive excellent services. Per Lodi Municipal Code Section 3.20.070, Bidding, the bidding process may be dispensed when the City Council determines that the purchase or method of purchase is in the best interests of the City. Staff recommends waiving the method of receiving competitive bids since it is advantageous for the City. APPROVED: K:\WP\PROJECTS\MISC\UCP\2017-18\CC Contracts.doc en 94 = uer, City Manager 6/14/17 Adopt Resolution Authorizing City Manager to Execute Contracts for Fiscal Year 2017/18 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, for Downtown Cleaning ($60,540), Transit Facility Cleaning ($48,778), and Hutchins Street Square Landscape Maintenance ($21,068) June 21, 2017 Page 2 FISCAL IMPACT: There is no impact to the General Fund from this contract. Maintaining a clean downtown core, transit facility, and Hutchins Street Square enhances the appearance of Lodi. Failing to maintain, or reducing maintenance services in these areas, may result in decreased visitation and sales tax generation. FUNDING AVAILABLE: Budgets for these contracts is included in Fiscal Year 2017/18 operating budgets, as follows: Jeff Hood Downtown Cleaning: Transit Facility Cleaning: Hutchins Street Square Landscape Maintenance: $60,540 — Street Fund (30156003) $48,778 — Transit Fund (60054104) $21,068 — HSS Fund (20071402) OL4,,�G� Andrew Keys Deputy City Manager/Internal Services Director Parks, Recrtion & Cultural Services Director Prepared by Sean Nathan, Senior Civil Engineer CES/SEN/tdb Attachments cc: Transportation Manager Building & Event Supervisor PW Management Analyst Charles E. Swimley, Jr. Public Works Director K:\WP\PROJECTS\MISC\UCP\2017-18\CC Contracts doc 6/14/17 EXHIBITA Legend City Dumpsters o City Trash Cans Cleaning Boundary hllll111111] [Ej ______________ MI IIS: Locust St. . 400 200 0 400 Feet 1a) J� . ME 1111! 1 IIJIhi Oak St. >�1 C 'ca immin min me um i II min 0 Pine St. • 0c L.. ..c 11111" -- 1 li� re. co Walnut St. • • Mir MN am 11111111 MN MI MI MN Lodi Av. Chestnut St. "0. 0 0 0 0 0 J m 1 can on each of 3 levels 8 —A Iborn St Document Path: \\CVCFILV02\PubWks$\WP\PROJECTS\MISC\UCP\Downtown Cleaning.mxd Contract for "Downtown Lodi Cleaning Crew" This contract agreement is made and entered into on July 1, 2017 between the United Cerebral Palsy Association of San Joaquin, Amador, and Calaveras Counties, (hereafter referred to as the Contractor) and the City of Lodi, (hereafter referred to as the Customer). This contract intends to define the responsibilities associated with the provision of a "Downtown Lodi Cleaning" service by the Contractor for the Customer. The Contractor, beginning July 1, 2017 will provide services associated with the "Downtown Lodi Cleaning" project. The duties outlined in the contract will not officially begin until Customer specifies. The services for "Downtown Lodi Cleaning" outlined in the following proposal will be conducted by persons with disabilities affiliated with the Contractor's Supported Employment program. This program is considered cost-effective for the State of California because it transitions adults with special needs into gainful employment opportunities that they would otherwise not be able to obtain under normal circumstances. Because of the unique working relationship associated with this contract, the City of Lodi's specific needs for "Downtown Lodi Cleaning" will be met as well as the needs of the disabled worker. The working relationship defined under this contract may be extended or terminated by either party with a written one-month notice or mutually agreed upon time. This contract can be extended annually if mutually agreeable by both the Customer and Contractor. In addition to the terms outlined between the Contractor and the Customer, both parties agree that: a) No alterations or variation of the terms of the contract shall be valid unless made in writing and signed by the Contractor and the Customer and no oral understanding or agreement not incorporated in the contract shall be binding on either party to the contract. b) Implementation of this contact cannot occur until both parties have approved the terms specified in the contract. c) The Customer retains the right to use the crew for other "cleaning projects" by mutual agreement between the Customer and Contractor. Additional charges for other projects will be assessed prior to beginning any project not related to "Downtown Lodi Cleaning". It is suggested that the Customer, upon agreement of these terms, supply the Contractor an outline of specific responsibilities related to the "Downtown Lodi Cleaning" project's duties as outlined by the City of Lodi include: • Work hours, Monday — Friday, 7:00 a.m. — 11:00 a.m., except holidays • Empty trash containers Monday & Friday • Clean all Downtown furniture weekly, dust benches, bollards, light standards • Blow and collect leaves • Remove litter, broken glass, cleanup spills • Remove fallen leaves weekly • Wash sidewalk areas around trash containers monthly • Report hazards immediately — broken tree limbs, loose pavers, bent signs etc... The Contractor's responsibilities 1. The Contractor will provide the staff to make up one (1) crew of up to four (4) crewmembers, to ensure the production needs of the contract are met. The Contractor will assign one (1) supervisor/job coach to ensure quality and accuracy of all duties associated with the required work. It shall be the responsibility of the supervisor/job coach to keep accurate account of each service performed and to monitor the quality standards set forth by the Customer. With prior 1 approval, the Contractor may make modifications to the work station/area to accommodate crewmembers at no cost to the Customer. 2. The Contractor will perform "Downtown Lodi Cleaning" as designated by the Streets & Drainage Manager. The cleaning schedule will be a rotating schedule to ensure all designated Downtown areas receive adequate cleaning for the month. For convenience and safety UCP agrees to begin cleaning Downtown at 7:00 a.m. — 11:00 a.m., Monday through Friday. The approximate limits and trash can locations are shown on Exhibit A. 3. It shall be the responsibility of the Contractor to train, supervise, schedule and oversee all crewmembers at no cost to the Customer. The Contractor agrees to provide the trainer(s)/supervisor(s) to the Customer at no additional charge to the Customer. The trainer(s)/supervisor(s) will remain on-site, in the immediate work area while crewmembers are present. The Contractor has the sole responsibility of all Workers' Compensation and wages paid to each crewmember and staff assigned to the work site. 4. The Contractor and not the Customer, will pay all crewmember wages; all personnel costs and liabilities (e.g., Workers' Compensation, insurance, state and federal taxes as well as any reimbursement costs), associated with the "Downtown Lodi Cleaning" services rendered. 5. Detailed tracking documents and the invoice will be submitted to the Customer on a monthly basis. 6. The Contractor will properly maintain all equipment and supplies to ensure that the project services associated with the daily operations not be negatively affected. If the Contractor damages any property due to negligence, or causes harm to persons through negligence, the Contractor will be responsible for all liabilities including repairing or replacing the Customer's property. 7. Notwithstanding the provisions of section 5 below under the Customer's responsibilities, all crewmembers will comply with the health and safety regulations established by the Customer while performing the contract services. 8. Public Liability and Property Damage Insurance The Contractor shall take out and maintain during the life of this contract such Public Liability and Property Damage Insurance as shall protect 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, as shown on Exhibit B. 9. Contractor acknowledges that Lodi Municipal Code Section 3.01.020 requires Contractor to have a City business license and Contractor agrees to secure such license and pay the appropriate fees prior to preforming and work hereunder. The Customer's Responsibilities 1. The Customer will reimburse the Contractor by the fifteenth (15th) working day of each month, after submission of invoice for services of $59.66 for each hour associated with the "Downtown Lodi Cleaning". Effective January 1, 2018 the hourly rate per hour of service will increase to $62.25. 2. The Customer will provide all Contractor crewmembers with "Downtown Lodi Cleaning" supplies and equipment specific to 'Special Services' as outlined in the proposal, to ensure the production and productivity of the contract is performed to the Customer's standards. 3. The Customer, within reason, will assist the Contractor crewmembers in locating and centralizing tools and equipment specific to the contract on an as needed basis. 4. The Customer will maintain confidentiality of all records and transactions with the Contractor. 5. The Customer will indemnify and hold harmless the State of California, its officers, agents and employees from any and all claims and losses occurring or resulting to any persons, firm or corporation that may be injured or damaged by the Contractor in the performance of this contract. This indemnity shall not apply to on the job injuries caused by the Contractor's Workers' Compensation injuries incurred by the Contractor's crewmembers. The Contractor and the agent employees of the Contractor, in the performance of the contract, are acting in an independent capacity and not as officers or employees of the State of California. Downtown Lodi Cleaning Cost Projection FY17-18 July Aug Sept Oct Nov Dec Jan Feb March April May June Total Business License $51.00 Hrs. Serviced 80 92 80 84 76 76 84 76 88 84 88 84 992 Cost Per Hr. $59.66 $59.66 $59.66 $59.66 $59.66 $59.66 $62.25 $62.25 $62.25 $62.25 $62.25 $62.25 Cost Per Month 04,823 80 05,488.72 64,772 80 05,011 44 94,534 16 94,534 16 55,229 00 54,731 00 95,478 00 95,229 00 $5,478 00 95,229 00 $60,539.08 J By binding signatures, United Cerebral Palsy of San Joaquin, Calaveras, & Amador Counties and the City of Lodi agree to all the stipulations in this agreement and its attachments: Signature of Contractor Representative CITY OF LODI, a municipal corporation Date STEPHEN SCHWABAUER Date City Manager ATTEST JENNIFER M. FERRAIOLO City Clerk APPROVED AS TO FORM' JANICE D. MAGDICH City Attorney 3 Legend City Dumpsters • City Trash Cans Cleaning Boundary a) a) —J Oak St. a) a) J EXHIBIT A 400 200 0 400 i•INN Locust St. •• • • • • Elaiem St. • • • • City • • •HaII • •{, Pico 0 • ne St. • • cpc • • E (o El 0 E 1-2 • (n• • D . _: • U • SP V •• • • • • cEl •tgl Q c co 0, co a • • • s onu't St. • • Lodi Av Chestnut St. 2 c cu 2 Feet 1 can on each of 3 levels 0 Y 0 Hilborn St. Document Path: \\CVCFILV02\PubWks$\WP\PROJECTS\MISC\UCP\Downtown Cleaning.mxd EXHIBIT B Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor and any subcontractor performing work covered by this Agreement 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 Agreement, 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 $1,000,000 Each Occurrence $2,000,000 General Aggregate 2 COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Contractor; whichever is greater. 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.). A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City: (a) Additional Named Insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides liability coverage at least as broad as this form) 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. An additional named insured endorsement is also required for Auto Liability. (b) Primary and Non -Contributory Insurance Endorsement Additional insurance coverage under the Contractor's policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20 01 04 13. NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the project that it is insuring. (c) Waiver of Subrogation Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability. (d) Limits of Coverage The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance of Contractor shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured. Page 1 1 of 2 pages Risk: rev.03.2016 Insurance Requirements for Contractor (continued) (e) Severabilitv 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. (0 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 West Pine St., Lodi, CA 95240. (g) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. (h) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the names) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1S) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (1) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Workers Compensation Insurance The Contractor shall take out and maintain during the life of this Agreement, 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 Agreement at the site of the project is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. A waiver of subrogation is required for workers compensation insurance. This policy may not be canceled nor the coverage reduced without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. Page 2 I of 2 pages 1 Risk: rev.03.2016 Contract for "Transit Facility Cleaning" This contract agreement is made and entered into on July 1, 2017 between United Cerebral Palsy Association of San Joaquin, Amador, and Calaveras Counties, (hereafter referred to as the Contractor) and the City of Lodi, (hereafter referred to as the Customer). This contract intends to define the responsibilities associated with the provision of a "Transit Facility Cleaning" service by the Contractor for the Customer. The Contractor, beginning July 1, 2017, will provide services associated with the "Transit Facility Cleaning" project. The duties outlined in the contract will not officially begin until Customer specifies. The services for "Transit Facility Cleaning" outlined in the following proposal will be conducted by persons with disabilities affiliated with the Contractor's Supported Employment program. This program is considered cost-effective for the State of California because it transitions adults with special needs into gainful employment opportunities that they would otherwise not be able to obtain under normal circumstances. Because of the unique working relationship associated with this contract, the City of Lodi's specific needs for "Transit Facility Cleaning" will be met as well as the needs of the disabled worker. The working relationship defined under this contract may be extended or terminated by either party with a written 30 calendar day notice or mutually agreed upon time. In addition to the terms outlined between the Contractor and the Customer, both parties agree that: a) No alterations or variation of the terms of the contract shall be valid unless made in writing and signed by the Contractor and the Customer and no oral understanding or agreement not incorporated in the contract shall be binding on either party to the contract. b) Implementation of this contract cannot occur until both parties have approved the terms specified in the contract. c) The Customer retains the right to use the crew for other "cleaning projects" by mutual agreement between the Customer and Contractor. Additional charges for other projects will be assessed prior to beginning any project not related to "Transit Facility Cleaning". It is suggested that the Customer, upon agreement of these terms, supply the Contractor an outline of specific responsibilities related to the "Transit Facility Cleaning" projects duties as outlined by the City of Lodi. Specific responsibilities for all parking Tots include removal of litter, debris, leaves, and weeds as needed. At the Lodi Station Parking structure, specific responsibilities include those itemized above as well as washing down spilled or leaked fluids and emptying trash containers. This contract can be extended annually if mutually agreeable by both the Customer and Contractor. The Contractor's Responsibilities 1. The Contractor will provide the staff to make up one (1) crew of up to (4) crewmembers, to ensure the production needs of the contract are met. The Contractor will assign one (1) supervisor/job coach to ensure quality and accuracy of all duties associated with the required work. It shall be the responsibility of the supervisor/job coach to keep accurate account of each service performed and to monitor the quality standards set forth by the Customer. With prior approval, the Contractor may make modifications to the work station/area to accommodate crewmembers at cost to the Customer. 2. The Contractor will perform "Transit Facility Cleaning" for City owned facilities such as the Lodi Train Station, the Lodi Station Parking Structure and Grapeline bus shelters as designated by the Transportation Manager. The cleaning schedule will be a rotating schedule to ensure all designated areas receive adequate cleaning for the month. The Contractor will be responsible for the bus stops shown in Exhibit A and additional bus stops as requested. The Contractor will also collect garbage from bus stops shown in Exhibit A and additional bus stops as requested. 1 3. It shall be the responsibility of the Contractor to train, supervise, schedule and oversee all crewmembers at no cost to the Customer. The Contractor agrees to provide the trainer(s)/supervisor(s) to the Customer at no additional charge to the Customer. The trainer(s) / supervisor(s) will remain onsite, in the immediate work area while crewmembers are present. The Contractor has the sole responsibility of all Workers' Compensation and wages paid to each crewmember and staff assigned to the work site. 4. The Contractor and not the Customer, will pay all crewmember wages; all personnel costs and liabilities (e.g., Workers' Compensation, insurance, state and federal taxes as well as any reimbursement costs), associated with the "Transit Facility Cleaning" services rendered. 5. Detailed tracking documents, time studies and the invoice will be submitted to the Customer on a monthly basis. 6. The Contractor will properly maintain all equipment and supplies to ensure that the project services associated with the daily operations are not negatively effected. If the Contractor damages any property due to negligence, or causes harm to persons through negligence, the Contractor will be responsible for all liabilities including repairing or replacing the Customer's property. 7. Notwithstanding the provisions of section 5 below under the "Customer's Responsibilities", all crewmembers will comply with the health and safety regulations established by the Customer while performing the contract services. 8. Public Liability and Property Damage Insurance The Contractor shall take out and maintain during the life of this contract such Public Liability and Property Damage Insurance as shall protect 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, as shown on Exhibit B. 9. Contractor acknowledges that Lodi Municipal Code Section 3.01.020 requires Contractor to have a City business license and Contractor agrees to secure such license and pay the appropriate fees prior to preforming and work hereunder. The Customer's Responsibilities 1. The Customer will reimburse the Contractor by the fifteenth (15th) working day of each month, after submission of invoice for services of $59.40 for each hour associated with the "Transit Facility Cleaning". This shall be considered full compensation for all the Contractor's expenses incurred in the performance of the contract. Effective January 1, 2018 the hourly rate per hour of service will increase to $61.60. 2. The Customer will provide all Contractor crewmembers with "Transit Facility Cleaning" supplies and equipment specific to "Special Services" as outlined in the proposal, to ensure the production and productivity of the contract is performed to the Customer's standards. 3. The Customer, within reason, will assist the Contractor crewmembers in locating and centralizing tools and equipment specific to the contract on an as needed basis. 4. The Customer will maintain confidentiality of all records and transactions with the Contractor. 5. The Customer will indemnify and hold harmless the State of California, its officers, agents and employees from any and all claims and losses occurring or resulting to any persons, firm or corporation that may be injured or damaged by the Contractor in the performance of this contract. This indemnity shall not apply to on the job injuries caused 2 by the Contractor's Workers' Compensation injuries incurred by the Contractor's crewmembers. The Contractor and the agent employees of the Contractor, in the performance of the contract, are acting in an independent capacity and not as officers or employees of the State of California. Transit Facility Cleaning Cost Projection FY 17-18 July August Sept Oct Nov Dec Jan Feb Mar Apr May June Total Hrs. Serviced 65 74.75 65 68.25 61.75 61.75 68.25 61.75 71.5 68.25 71.5 68.25 806 Cost per Hr. $59.40 $59.40 $59.40 $59.40 $59.40 $59.40 $61.60 $61.60 $61.60 $61.60 $61.60 $61.60 Cost per Month $3,861.00 $4,440 15 $3,861 00 $4,054.05 $3,667.95 $3,667.95 84,204.20 $3,803.80 $4,404.40 $4,204.20 $4,404.40 $4,204.20 $48,777.30 By binding signatures, United Cerebral Palsy of San Joaquin, Calaveras, & Amador Counties and the City of Lodi agree to all the stipulations in this agreement and its attachments: Signature of Contractor Representative CITY OF LODI, a municipal corporation Date STEPHEN SCHWABAUER Date City Manager ATTEST: JENNIFER M. FERRAIOLO City Clerk APPROVED AS TO FORM: JANICE D. MAGDICH City Attorney 3 Exhibit A Shelter Locations Location Description Trash Can Target Private parking lot Private trash Lowe's Lower Sac N/Vinter Sq-SunWest Market Place (west side) Trash /recycling Lower Sacramento N/Elm Lower Sacramento N/ Elm (east side) Trash /recycling Lower Sacramento by Mirage Apts Turner Rd E/Lower Sac -Woodhaven (south side) Trash Salisbury's (Turner and Woodhaven) Turner Rd E/Lower Sac -Woodhaven (north side) Trash /recycling Lodi Lake on Turner Rd near the main gate Turner E/Loma (north side) Trash Lockeford St at Calaveras St Lockeford St N/ Calaveras St (west side) Trash maintained by Parks/Rec Hale Park Stockton S/Locust (east side) Trash /recycling Loel Center Oak St W/ Washington (south side) Trash Central Ave at Tokay St Central S/ Harold (west side) Trash Central Ave at Boys and Girls Club Central N/Cypress (east side) Trash /recycling Kofu Park Ham S/Cardinal (west side) Trash Municipal Service Center Ham N/ Kettleman (west side) Trash Lower Sac at Tejon Lower Sac N/ Tejon (east side) Trash /recycling Stockton St at Lodi P& R Stockton S/Locust (west side) Trash /recycling Stockton at Pine 5/ Pine St (west side) Trash /recycling Central at Cypress _Stockton Central N/ Cypress (west side) Trash Cherokee at Rancho San Miguel Cherokee N/Eden (east side) Trash Kettleman at Bev Mo Kettleman E/Lower Sac (south side) Trash Lodi Adult School Cherokee S/ Pine (west side) Trash /recycling Ham at Lodi Ham S/ Lodi (west side) Trash Ham at Lodi Memorial Hospital Ham S/ Vine (east side) Trash Kettleman at IHOP Kettleman E/ Ham (south side) Trash /recycling Cherokee at Hale Cherokee N/ Hale (east side) Trash /recycling Cherokee at Lodi Cherokee 5/ Lodi (west side) Trash /recycling Turner at California Turner E/ California (south side) Trash Cherokee at Maple Cherokee N/ Maple (west side) Trash Central at Tokay Central N/ Tokay (east side) Trash Lower Sacramento at Lodi Lower Sacramento 5/ Lodi (west side) Trash Lockeford at Crescent Lockeford W/Crescent (south side) Trash Kettleman at Church Kettleman W/ Church (north side) Trash Lower Sacramento at Vine Lower Sacramento S/ Vine (west side) Trash Lodi Middle School Ham S/ Vine (west side) Trash /recycling Kettleman at Crescent - apts Kettleman W/ Crescent (north side) Trash Location Description Trash Can Kettleman at Bank of America Kettleman E/ Crescent (south side) Trash Kettleman @ Church Kettleman W/ Church (south side) Trash Central at Oak Central S/ Oak (west side) Trash Cherokee at Walnut Cheorkee N/Walnut (east side) Trash Cherokee at Almond Cherokee S/ Almond (west side) Trash Ham at Century Ham S/ Century (west side) Trash Vine at Hutchins Vine W/ Hutchins (north side) Trash maintained by Parks/Rec Lower Sacramento at EIm Lower Sacramento S/ Elm (west side) Trash Melby at Harney Melby N/ Harney (west side) Trash Oak at Washington Oak St W/ Washington (north side) Trash Pine at Central Pine St W/ Central (south side) Trash Pine at Cherokee Pine St W/ Cherokee (south side) Trash Pine at Stockton Pine St W/ Stockton (south side) Trash Cherokee at Elm Cherokee Ln N/ Elm (west side) Trash Lodi at School Lodi Ave W/ School (south side) Trash Stockton at Almond Stockton St N/ Almond (east side) Trash Vine at Fairmont Vine W/ Fairmont (south side) Trash Vine at Fairmont Vine E/ Fairmont (north side) Trash Ham at Tokay Ham S/ Tokay (west side) Trash Ham at Tokay Ham S/ Tokay (east side) Trash EIm at Ham EIm W/ Ham (north side) Trash Elm at Ham EIm W/ Ham (south side) Trash Additional Locations with Trash Cans (no shelters) Location Description Trash Can Church at Locust Church N/Locust (east side) Trash Kettleman at Ham Kettleman W/Ham (north side) Trash Lower Sacramento at Vine Lower Sacramento N/Vine (east side) Trash Hutchins at Century Hutchins N/ Century (east side) Trash Lodi at School Lodi W/ School (south side) Trash Hutchins at Pine Hutchins N/ Pine (east side) Trash /recycling Hutchins Hutchins 5/Kettleman (east side) Trash /recycling Central Central N/ Hilborn (west side) Trash /recycling Pixley Parkway Pixley Pkwy S/ Auto Center (west side) Trash /recycling Cherokee at EIm Cherokee S/EIm (east side) Trash /recycling Legend J Lodi Transit Station Location Feature • Trash • Trash/Recycling • Trash maintained by Parks/Rec A Private Trash 8 • ® Elm St. EXHIBIT A • Turner Rd. Lockeford St. • � _ • • CO CQ +; Vine'St.• 11 • J • v� 1• 46 16 c = • Z Century Blvd. • 1 • S 0 0.25 0.5 Miles • 4 0 1 • Victor Rd.(HWY 40 • 12) Pine Pine OA ` St. St IP • • I_odI:Ave. • • • 40 Kettleman Ln. C 00 g u) Harney Ln. c I-' • • db Cherokee Ln. • • 0 c 0. c EXHIBIT B Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor and any subcontractor performing work covered by this Agreement 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 Agreement, 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: 1. COMPREHENSIVE GENERAL LIABILITY $1,000,000 Each Occurrence $2,000,000 General Aggregate 2. COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement Coverage shall be written on ISO form CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Contractor; whichever is greater. 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 (Califomia Govemment Code Section 810 et seq.). A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City: (a) Addition@l Name1 Insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides liability coverage at least as broad as this form) 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. An additional named insured endorsement is also required for Auto Liability. (b) primary and Non -Contributory Insurance Endorsement Additional insurance coverage under the Contractor's policy shall be "primary and non-contributory and will not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20 01 04 13. NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine Street, Lodi, Califomia, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the proiect that it is insuring. (c) Waiver of Subrogation Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability. (d) limits of Coverage The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance of Contractor shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured. Page 7 of 2 pages _ry Risk: rev.03.2016 Insurance Reaulrements for Contractor (continued) (e) 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. (f) 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 West Pine St, Lodi, CA 95240. (g) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall fumish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. (h) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in Califomia. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the names) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (i) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Workers Compensation Insurance The Contractor shall take out and maintain during the life of this Agreement, 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 Tatter'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 Agreement at the site of the project is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. A waiver of subrogation Is required for workers compensation insurance. This policy may not be canceled nor the coverage reduced without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. Page t f of 2:pages R.Y_.�a._ Risk: rev.03,2016 Landscape Maintenance Contract City of Lodi Hutchins Street Square This contract agreement is made and entered into on July 1, 2017 between United Cerebral Palsy Association of San Joaquin, Amador, and Calaveras Counties, (hereafter referred to as the Contractor) and The City of Lodi, Hutchins Street Square, (hereafter referred to as the Customer). This contract defines the responsibilities associated with the provision of "Landscape Maintenance" services by the Contractor for the Customer. The Contractor, beginning July 1, 2017, will provide services associated with the "Landscape Maintenance" project. The services for "Landscape Maintenance" outlined in the following proposal will be conducted by persons with disabilities affiliated with the Contractor's Supported Employment program. This program is considered cost-effective for the State of California because it transitions adults with special needs into gainful employment opportunities that they would otherwise not be able to obtain under normal circumstances. Because of the unique working relationship associated with this contract the City of Lodi's specific needs for "Landscape Maintenance" will be met as well as the needs of the disabled worker. The working relationship defined under this contract may be extended or terminated by either party with a written one-month notice or mutually agreed upon time. This contract can be extended annually if mutually agreeable by both the Customer and Contractor. The Contractor's responsibilities 1. The Contractor will provide the staff to make up one (1) crew of up to four (4) crewmembers, to ensure the production needs of the contract are met. The Contractor will assign one, (1) supervisor/job coach to ensure quality and accuracy of all duties associated with the required work. It shall be the responsibility of the supervisor/job coach to keep accurate account of each service performed and to monitor the quality standards set forth by the Customer. With prior approval, the Contractor may make modifications to the work station/area to accommodate crewmembers at no cost to the Customer. 2. The contractor will perform the work associated with "Landscape Maintenance" at the City's Hutchins Street Square location. 3. It shall be the responsibility of the Contractor to train, supervise, schedule and oversee all crewmembers at no cost to the Customer. The Crew Instructor(s) will remain on-site, in the immediate work area while crewmembers are present. 4. The Contractor and not the Customer will pay all crewmember and supervisor/job coach wages; all personnel costs and liabilities (e.g., Worker's Compensation, insurance, state and federal taxes as well as any reimbursement costs), associated with the "Landscape Maintenance" services rendered. 5. Detailed tracking documents and the invoice will be submitted to the customer on a monthly basis. 1 6. The Contractor will properly maintain all equipment and supplies to ensure that the project services associated with the daily operations are not negatively effected. If the Contractor damages any property due to negligence, the Contractor will be liable to repair or replace the Customer's property. 7. All crewmembers will comply with the health and safety regulations established by OSHA, the State of California, and the Customer while performing the contract services. 8. The Contractor will make up the lost hours due to holidays, the following business day. 9. The Contractor will provide the following service once a week; a. Weed whack all areas including utility boxes, sprinklers heads etc. b. Blow and clean up all areas worked by contractor. c. Weed and trim all shrubs, trees and plant life in flowerbeds. 10. Public Liability and Property Damage Insurance The Contractor shall take out and maintain during the life of this contract such Public Liability and Property Damage Insurance as shall protect 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, as shown on Exhibit A. 11. Contractor acknowledges that Lodi Municipal Code Section 3.01.020 requires Contractor to have a City business license and Contractor agrees to secure such license and pay the appropriate fees prior to preforming and work hereunder. The Customer's responsibilities 1. The Customer will reimburse the Contractor by the fifteenth (15th) working day of each month, after submission of invoice for services rendered, associated with the "Landscape Maintenance". The method of reimbursement shall reflect a rate of $58.52 per hour multiplied by the total number of hours worked for that month. Effective January 1, 2018 the hourly rate per hour of service will increase to $61.12. 2. The Customer will provide all Contractor crewmembers, with "Landscape Maintenance" supplies and equipment specific to the daily "Landscape Maintenance" duties as well as 'Special Services' as outlined in the proposal, to ensure the production and productivity of the contract is performed to the Customer's standards. 3. The Customer within reason will assist the Contractor crewmembers in locating and centralizing tools and equipment specific to the contract when necessary, to improve services. Other consultations will be conducted on an as needed basis. 4. To the greatest extent permitted by the public records act and other applicable law, the Customer will maintain confidentiality of all personal and medical records and transactions specific to the Contractor's employees. 2 Landscape Maintenance Cost Projection FY 17-18 July August Sept Oct Nov Dec Jan Feb March April May June Total Hrs, Serviced 36 36 32 36 16 16 24 20 32 36 36 32 352 Cost Per Hr $58.52 $58.52 $58.52 $58,52 $58.52 $58.52 $61.12 $61.12 $61.12 $61.12 $61.12 $61.12 Cost Per Month $2,106.72 $2,106.72 $1,872.64 $2,106.72 $936.32 $936.32 $1,466 88 $1,222.40 $1,95584 $2,200.32 $2,200 32 $1,955.84 821,067.04 By binding signatures, United Cerebral Palsy of San Joaquin, Calaveras, & Amador Counties and the City of Lodi agree to all the stipulations in this agreement and its attachments: Signature of Contractor Representative CITY OF LODI, a municipal corporation Date STEPHEN SCHWABAUER Date City Manager ATTEST: JENNIFER M. FERRAIOLO City Clerk APPROVED AS TO FORM JANICE D. MAGDICH City Attorney 3 Exhibit A Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor and any subcontractor performing work covered by this Agreement 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 Agreement, 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: 1. COMPREHENSIVE GENERAL LIABILITY $1,000,000 Each Occurrence $2,000,000 General Aggregate 2. COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Contractor; whichever is greater. 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.). A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City: (a) Additional Named Insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides liability coverage at least as broad as this form) 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. An additional named insured endorsement is also required for Auto Liability. (b) Primary and Non -Contributory Insurance Endorsement Additional insurance coverage under the Contractor's policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20 01 04 13. NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the proiect that it is insuring. (c) Waiver of Subrogation Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability. (d) Limits of Coverage The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance of Contractor shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured. Page 1 1 of 2 pages Risk: rev.03.2016 Insurance Requirements for Contractor (continued) (e) 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. (f) 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 West Pine St., Lodi, CA 95240. (g) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. (h) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the names) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (15) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (E) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Workers Compensation Insurance The Contractor shall take out and maintain during the life of this Agreement, 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 Agreement at the site of the project is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. A waiver of subrogation is required for workers compensation insurance. This policy may not be canceled nor the coverage reduced without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. Page 2 I of 2 pages Risk: rev.03.2016 RESOLUTION NO. 2017-114 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR FISCAL YEAR 2017/18 WITH UNITED CEREBRAL PALSY OF SAN JOAQUIN, AMADOR, AND CALAVERAS COUNTIES, OF STOCKTON, FOR DOWNTOWN CLEANING, TRANSIT FACILITY CLEANING, AND HUTCHINS STREET SQUARE LANDSCAPE MAINTENANCE WHEREAS, staff recommends contracting with United Cerebral Palsy (UCP) of San Joaquin, Amador, and Calaveras Counties, of Stockton, for downtown cleaning, transit facility cleaning, and Hutchins Street Square landscape maintenance; and WHEREAS, the downtown area addresses street furniture, trash, litter, spills, and leaf removal; the transit facility cleaning addresses the grounds surrounding Lodi Transit Station, the Lodi Transit Station Parking Structure, and sheltered bus stops; and work at Hutchins Street Square includes weekly landscape maintenance, such as weeding, shrub trimming, and debris removal; and WHEREAS, the program includes transportation and direct supervision for the crew at the following hourly rates: *Rates reflect the State. Minimum Wage increase effective January 1, 2018. WHEREAS, per Lodi Municipal Code Section 3.20.070, Bidding, the bidding process may be dispensed when the City Council determines that the purchase or method of purchase is in the best interests of the City; and WHEREAS, staff recommends authorizing the City Manager to execute contracts for Fiscal Year 2017/18 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, for downtown cleaning in the amount of $60,540, transit facility cleaning in the amount of $48,778, and Hutchins Street Square landscape maintenance in the amount of $21,068; and WHEREAS, staff also recommends waiving the method of receiving competitive bids since it is advantageous for the City to receive this service at a very competitive price. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby waive the method of receiving competitive bids for the work outlined above, since it is advantageous for the City to receive this service at a very competitive price; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute contracts for Fiscal Year 2017/18 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, California, for 2017 2018* Downtown Cleaning $59.66 $62.25 Transit Facility Cleaning $59.40 $61.60 Hutchins Street S•uare Landscape $58.52 $61.12 *Rates reflect the State. Minimum Wage increase effective January 1, 2018. WHEREAS, per Lodi Municipal Code Section 3.20.070, Bidding, the bidding process may be dispensed when the City Council determines that the purchase or method of purchase is in the best interests of the City; and WHEREAS, staff recommends authorizing the City Manager to execute contracts for Fiscal Year 2017/18 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, for downtown cleaning in the amount of $60,540, transit facility cleaning in the amount of $48,778, and Hutchins Street Square landscape maintenance in the amount of $21,068; and WHEREAS, staff also recommends waiving the method of receiving competitive bids since it is advantageous for the City to receive this service at a very competitive price. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby waive the method of receiving competitive bids for the work outlined above, since it is advantageous for the City to receive this service at a very competitive price; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute contracts for Fiscal Year 2017/18 with United Cerebral Palsy of San Joaquin, Amador, and Calaveras Counties, of Stockton, California, for downtown cleaning in the amount of $60,540, transit facility cleaning in the amount of $48,778, and Hutchins Street Square landscape maintenance in the amount of $21,068. Dated: June 21, 2017 hereby certify that Resolution No. 2017-114 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 21, 2017 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce and Nakanishi ABSTAIN: COUNCIL MEMBERS — None NNIFE City Clerk 2017-114 FERRAIOLO