HomeMy WebLinkAboutAgenda Report - July 21, 2021 C-11AGENDA ITEM (!,m
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing Return of Bid Security to Apparent Low Bidder (Elite
Maintenance & Tree Service) for the 2021-2023 Landscape Maintenance of
Miscellaneous Areas and Lodi Consolidated Landscape Assessment District 2003-
1 Due to Substantial Bidding Error, Awarding Contract to the Second Lowest Bidder
Odyssey Landscape Company, Inc. of Lodi ($864,457), and Authorizing City
Manager to Execute Change Orders ($80,000)
MEETING DATE: July 21, 2021
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt Resolution authorizing return of bid security to apparent low
bidder (Elite Maintenance & Tree Service) for the 2021-2023
Landscape Maintenance of Miscellaneous Areas and Lodi
Consolidated Landscape Assessment District 2003-1 Due to Substantial Bidding Error, Awarding Contract
to the Second Lowest Bidder Odyssey Landscape Company, Inc. of Lodi in the amount of $864,457, and
Authorizing City Manager to Execute Change Orders in an amount not to exceed $80,000.
BACKGROUND INFORMATION: This project provides for the continued maintenance of landscaped
areas in the public right-of-way, public buildings, parking lots, various
assessment zones and several new parks that are no longer
developer maintained. There are approximately 300 sites totaling approximately 60 acres in the area.
On April 21, 2021, Council approved the specifications, authorized advertisements for bids, and
authorized the City Manager to award the contract to the lowest responsive bidder (not to exceed
$850,000) and to execute change orders (not to exceed $80,000).
The City received the following two bids for this project on May 9, 2021.
Bidder Location Bid Above/(Below)
Estimate
Engineer's Estimate $ 982,944.97
*Elite Maint. & Tree Service Clovis $ 555,672.00 $ (427,272.97)
Odyssey Landscape Co. Lodi $ 896,470.79 $ ( 86,474.18)
*Withdrew bid due to substantial bidding error
After the bid opening, staff suspected a major error was made in the bid submitted by Elite Maintenance
and Tree Service indicated by the substantial difference when compared to the current landscape contract
prices, the Engineer's Estimate, and the bid submitted by the second lowest bidder. Staff contacted Elite
Maintenance and Tree Service, Inc. where they confirmed the error and requested to withdraw their bid.
APPROVED: Steve SchwabaUef
Stephen Schwabauer, City Manager
K:\WP\PROJECTS\STREETS\2021-2023 Landscape Maintenance Contract\CAwardAuthority2.doc 7/12/2021
Adopt Resolution Authorizing Return of Bid Security to Apparent Low Bidder (Elite Maintenance & Tree Service) for the 2021-2023 Landscape Maintenance of
Miscellaneous Areas and Lodi Consolidated Landscape Assessment District 2003-1 Due to Substantial Bidding Error, Awarding Contract to the Second Lowest Bidder
Odyssey Landscape Company, Inc of Lodi ($864,457), and Authorizing City Manager to Execute Change Orders ($80,000)
July 21, 2021
Page 2
Staff recommends adopting a Resolution authorizing return of bid security to apparent low bidder (Elite
Maintenance & Tree Service) for the 2021-2023 Landscape Maintenance of Miscellaneous Areas and Lodi
Consolidated Landscape Assessment District 2003-1 due to substantial bidding error, awarding contract to
the second lowest bidder Odyssey Landscape Company, Inc. of Lodi in the amount of $864,457, and
authorizing City Manager to execute change orders in an amount not to exceed $80,000. The
recommended contract award is $32,014 less than the amount submitted with their bid. This difference is
due to the delayed award authorization, which resulted in the removal of the service cost for July 2021. To
ensure that the City maintained coverage for July 2021, staff extended the current landscape maintenance
contract (also with Odyssey Landscape Company).
FISCAL IMPACT:
Well-maintained landscaping is necessary to maintain a positive image of
the community.
FUNDING AVAILABLE:
Funding for this project comes from a combination of the Fiscal Year
2021/22 and 2022/23 Operating Budgets and the
Assessment Districts as
follows:
Public Safety - Fire Administration
10040001.72499
General Government - PW Facility Services
10050001.72499
Streets - PW Tree Maintenance
30156004.72499
Electric Utility - Substation Maintenance
50064200.72499
Wastewater - Plant Maintenance
53053003.72499
Wastewater - Sanitation System Maintenance
53053004.72499
Water - Production
53052003.72499
Library - Library Administration
12090000.72499
Parks
20072202.72463
Assessment Districts
80198200.72499
Transit
60054105.72499
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
ct 9 1 _Q-0
Charles E. Swimley, Jr.
Public Works Director
CES/SN/cd
cc: Utility Manager
PRCS Director
Fire Chief
EUD Director
Transportation Manager
K:\WP\PROJECTS\STREETS\2021-2023 Landscape Maintenance Contract\CAwardAuthority2 doc 7/12/2021
2021-2023 LANDSCAPE MAINTENANCE
OF MISCELLANEOUS AREAS AND
LODI CONSOLIDATED LANDSCAPE
ASSESSMENT DISTRICT 2003-1
CITY OF LODI, CALIFORNIA
SECTION 4
CONTRACT
THIS CONTRACT made by and between the CITY OF LODI, State of California, herein referred
to as the "City," and ODYSSEY LANDSCAPING COMPANY, INC. a California Corporation,
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 It - 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, 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.
CONTRACT 4.1 07112/21
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 approximately 300 landscaped areas throughout the City of
Lodi. The areas are separated into groups that consist of City Facilities and the Consolidated
Landscape Maintenance Assessment District zones. The areas total approximately 2.2 million
square feet.
See Section 6-07 "Description of Bid Items" and the Exhibits for additional information.
Item I Description
1 Group A Landscape
Maintenance
2 Group 131 Landscape
Maintenance
3 1 Group 62 Landscape
Maintenance
4 Group 133 Landscape
Maintenance
5 Group 134 Landscape
Maintenance
6 Group C1 Landscape
Maintenance
7 Group C2 Landscape
Maintenance
Group D Weed Control
8 and Debris Cleanup
(Sidewalks & Concrete
Only)_
9 Group E, Zone 1
Landscape Maintenance
10 Group E, Zone 2
Landscape Maintenance
11 Group E, Zone 5
Landscape Maintenance
12 Group E, Zone 6a
Landscape Maintenance
13 Group E, Zone 8
Landscape Maintenance
14 Group E, Zone 11
Landscape Maintenance
15 Group E, Zone 13
Landscape Maintenance
16 Group E, Zone 14
Landscape Maintenance
CONTRACT2
CONTRACT ITEMS
Est. Qty
(For Unit Monthly
Reference Contract Price
Only)
480,764 SF $ 6,570.44
1,140,281 SF $ 15, 538.84
156,352
SF
$ 2,136.81
14,366
SF
$ 196.34
878
SF
$ 12.00
123,974
SF
$ 1,694.31
460 1 SF 1 $ 6.29
190,794 1 SF 1 $ 2,607.52
# of Total Contract Price
Months
23 $ 151,120.12
23 $ 358,428.32
20 $ 42,736.21
18
$
$
$
$
$
3,534.04
179.99
38,969.13
94.30
59,972.96
15
23
15
23
21,060 SF $ 287.82 23 $ 6,619.86
16,200 SF $ 221.82 23 $ 5,101.86
33,503 SF $ 457.87 23 $ 10,531.01
55,926 SF $ 764.32 23 $ 17,579.36
5,796 SF $ 79.21 23 $ 1,821.83
11890 SF $ 25.83 23 $ 594.09
10,800 SF $ 147.60 23 $ 3,394.80
31380 SF $ 46.19 23 $ 1,062.37
4.2 07/12/21
Item 1 Description
17 Group E, Zone 15
Landscape Maintenance
18 Group E, Zone 16
Landscape Maintenance
Group E, Zone 6b Weed
19 Control and Debris
Cleanup (Private
Driveways Only)
Group F, Downtown
20 School Street
Landscape Maintenance
21 Group G1, Rose Gate
Park
22 Group G2, Villa Fiore
and Reynolds Ranch
23 Transit Station and
Parking Structure
24 Planting Allowance (only
with Citv authorization)
Est. Qty
$ 2,624.00 23
Months
(For
Unit
Monthly
Reference
$ 9,052.80
Contract Price
Only)
I $5,000.00/Year
$ 147.60
10,800
SF
6,000
SF
$ 82.00
28,800 1 SF 1 $ 393.60
5,000 1 SF , $ 68.33
# of
$ 2,624.00 23
Months
Total Contract Price
$ 3,394.80
$ 1,062.37
23
23
23
$ 9,052.80
23
192,000 SF
$ 2,624.00 23
261,904
SF
SF
$ 3,579.35
23
23
15,500
$ 211.83
N/A
LS
I $5,000.00/Year
2 Years
$ 1,571.59
$ 60,352.00
$ 71, 587.09
$ 4.872.09
$10,000.00
TOTAL _ $ 864,456.66
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 VIl - 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 twenty-three (23) months, starting August 1,
2021 and ending June 30, 2023. 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
ollowing: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.
CONTRACT2 4.3 07/12/21
ARTICLE X - Counterparts and Electronic Signatures
This Agreement and other documents to be delivered pursuant to this Agreement may be
executed in one or more counterparts, each of which will be deemed to be an original copy and
all of which, when taken together, will be deemed to constitute one and the same agreement or
document, and will be effective when counterparts have been signed by each of the parties and
delivered to the other parties. Each party agrees that the electronic signatures, whether digital
or encrypted, of the parties included in this Agreement are intended to authenticate this writing
and to have the same force and effect as manual signatures. Delivery of a copy of this
Agreement or any other document contemplated hereby, bearing an original manual or
electronic signature by facsimile transmission (including a facsimile delivered via the Internet), by
electronic mail in "portable document format" (".pdf') or similar format intended to preserve the
original graphic and pictorial appearance of a document, or through the use of electronic
signature software will have the same effect as physical delivery of the paper document bearing
an original signature.
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: CITY OF LODI, a municipal corporation
M
Title
STEPHEN SCHWABAUER
City Manager
Date.
Attest:
JENNIFER CUSMIR
City Clerk
(CORPORATE SEAL) Approved As To Form:
JANICE D. MAGDICH
City Attorney jdm
CONTRACT 4.4 07/12/21
RESOLUTION NO. 2021-195
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING RETURN OF
BID SECURITY TO APPARENT LOW BIDDER FOR THE 2021-2023
LANDSCAPE MAINTENANCE OF MISCELLANEOUS AREAS AND LODI
CONSOLIDATED LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT
NO. 2003-1 DUE TO SUBSTANTIAL BIDDING ERROR; AWARDING
CONTRACT TO SECOND LOWEST BIDDER, ODYSSEY LANDSCAPE
COMPANY, INC., OF LODI; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE CHANGE ORDERS
WHEREAS, Council approved the specifications and authorized advertisement for bids
on April 21, 2021, for the 2021-2023 Landscape Maintenance of Miscellaneous Areas and Lodi
Consolidated Landscape Maintenance Assessment District No. 2003-1; and
WHEREAS, the City received the following two bids on May 9, 20211
Above/(Below)
Bidder Location Bid Engineer's Estimate
Engineers Estimate $982,944.97
*Elite Maint. & Tree Service Clovis $555,672.00 ($427,272.97)
Odyssey Landscape Co. Lodi $896,470.79 ($ 87,474.18)
'Withdrew bid due to substantial bidding error
WHEREAS, due to a substantial bidding error, Elite Maintenance and Tree Service, Inc.,
requested to withdraw their bid; and
WHEREAS, staff recommends authorizing return of the bid security to the apparent low
bidder, Elite Maintenance & Tree Service; and
WHEREAS, staff also recommends awarding the contract to the second lowest bidder,
Odyssey Landscape Company, Inc., of Lodi, in the amount of $864,457; and
WHEREAS, the recommended contract award is $32,014 less than the amount
submitted with the bid. The difference is due to the delayed award authorization, which resulted
in the removal of the service cost for July 2021; and
WHEREAS staff also recommends authorizing the City Manager to execute change
orders in an amount not to exceed $80,000.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the return of the bid security to the apparent low bidder, Elite Maintenance & Tree
Service; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the
award of a contract for the 2021-2023 Landscape Maintenance of Miscellaneous Areas and
Lodi Consolidated Landscape Maintenance Assessment District No. 2003-1 to the second
lowest bidder, Odyssey Landscape Company, Inc., of Lodi, California, in the amount of
$864,457; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the
City Manager to execute the contract and change orders in an amount not to exceed $80,000;
and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to
make minor revisions to the above -referenced document(s) that do not alter the compensation
or term, and to make clerical corrections as necessary.
Dated: July 21, 2021
I hereby certify that Resolution No. 2021-195 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held July 21, 2021 by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN COUNCIL MEMBERS — None
J NNIF CUSMIR
City Cler
2021-195