HomeMy WebLinkAboutAgenda Report - November 2, 2022 C-05CITY OF
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CALIFORNIA
AGENDA ITEM
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COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Contract with
Cintas Corporation No. 3, for Rental and Cleaning of Uniforms for Certain Field and
Warehouse Employees ($200,000)
MEETING DATE: November 2, 2022
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1
to Contract with Cintas Corporation No. 3, for Rental and Cleaning of
Uniforms for Certain Field and Warehouse Employees ($200,000)
BACKGROUND INFORMATION: At the April 21, 2021 meeting, Council adopted a resolution awarding the
contract for rental and cleaning of uniforms for certain employees to
Cintas of Stockton in the amount of $113,401. The contract was for a
two-year initial term with the option to extend for three additional one-year terms. The initial term of the
contract is set to expire on June 30, 2023 but all funds have been expended.
The current contract includes uniforms for the Facilities Services, Fleet Services, Streets, Water/Wastewater,
Community Center and Parks division employees, as provided in the memorandums of understanding. Seat
covers, rags, towels and floor mats used in the various city facilities are also included in the contract. The
contract was based on the employee count at the time of the bid. Since this time there has been an increase
in staff as well as staff turnover which is an additional cost and increase in the weekly contract cost to some of
the divisions. These factors have contributed to the contract being fully expended before the expiration date of
June 30, 2023.
Staff recommends Council authorize the City Manager to execute Amendment No. 1 to the contract with Cintas
of Stockton for rental and cleaning of uniforms. Amendment No. 1 will add an additional $200,000 to the
existing contract amount of $113,401 for a total of $313,401 and extend the term one year through June 30,
2024.
FISCAL IMPACT: This contract is an annual budgeted expense.
FUNDING AVAILABLE: Funding is available in the appropriate operating budgets (10051000,
65055000, 30156001, 53053001, 53053003, 56052001, 56052005,
20071402, 20072001)
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Andrew Keys
Deputy City Manager/Internal Services Director
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Charles E. Swimley, Jr.
Public Works Director
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APPROVED: 3 ,
Stephen Schwabauer, City Manager
\\cvcfilv02\pubwks$\WP\COUNCIL\2022\CC Cintas Amend No.i.docx 10/17/2022
AMENDMENT NO. 1
CINTAS CORPORATION NO. 3
UNIFORM RENTAL SERVICES 2021-2023
THIS AMENDMENT NO. 1, is made and entered this day of , 2022, by
and between the CITY OF LODI, a municipal corporation (hereinafter "CITY'), and CINTAS
CORPORATION NO. 3, a Nevada corporation qualified to do business in California (hereinafter
"CONTRACTOR").
WITNESSETH:
1. WHEREAS, CONTRACTOR and CITY entered into a uniform rental services contract on May
24, 2021 (the "Agreement"), as set forth in Exhibit 1, attached hereto and made part of; and
2. WHEREAS, CITY requested to increase the fees by an amount not -to -exceed $200,000, for a
total not -to -exceed amount of $313,401 over the term of the Agreement; and
3. WHEREAS, City requested to extend the term of the Agreement through June 30, 2024; and
4. WHEREAS, CONTRACTOR agrees to said amendments.
NOW, THEREFORE, the parties agree to amend the Agreement as set forth above. All other
terms and conditions of the Agreement remain unchanged.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on
the date and year first above written.
CITY OF LODI, a municipal corporation
hereinabove called "CITY"
STEPHEN SCHWABAUER
City Manager
Attest:
OLIVIA NASHED, City Clerk
Approved as to Form:
JANICE D. MAGDICH, City Attorney
CINTAS CORPORATION NO. 3, a Nevada
corporation qualified to do business in California
hereinabove called "CONTRACTOR"
NAME:
Title:
Exhibit 1
UNIFORM RENTAL SERVICES
2021-2023 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 "CINTAS CORPORATION NO. 3" 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, on file in the Public Works
Department, which are incorporated herein by this reference, to -wit:
Notice Inviting Bids
Information to Bidders
General Provisions
Special Provisions
Bid Proposal
Contract
All of the above documents, sometimes hereinafter referred to as the "Contract Documents," are
intended to cooperate so that any work called for in one and not mentioned in the other is to be
executed the same as if mentioned in all said documents.
ARTICLE I - That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by the City and under the condition expressed in the two
bonds bearing even date with these presents and hereunto annexed, the Contractor agrees with
the City, at Contractor's cost and expense, to do all the work and furnish all the materials except
such as are mentioned in the specifications to be furnished by the City, necessary to construct
and complete in a good workmanlike and substantial manner and to the satisfaction of the City
the proposed improvements as shown and described in the Contract Documents which are
hereby made a part of the Contract.
ARTICLE II - The City hereby promises and agrees with the Contractor to employ, and does
hereby employ, the Contractor to provide all materials and services not supplied by the City and
to do the work according to the terms and conditions for the price herein, and hereby contracts
to pay the same as set forth in Section 5.600, "Measurement, Acceptance and Payment," of the
General Provisions, in the manner and upon the conditions above set forth; and the said parties
for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree
to the full performance of the covenants herein contained.
ARTICLE III - The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division
2 of the Labor Code. The Contractor and any Subcontractor will pay the general prevailing
wage rate and other employer payments for health and welfare, 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
BID PROPOSAL ITEMS
BID ITEM 1. SHIRTS
i
Column A Column B
BID ITEM TYPE, DESCRIPTION UNIT COST EMPLOYEE COUNT
PER WEEK
(1 unit= 5
Items/week)
I
65/35 POLO PIQUE SHORT SLEEVE $2.981 5
65/35 POLYESTER/COTTON SHORT SLEEVE
BUTTON UP SHIRTS WITH POCKET (15) $2.013
(MICROPATTERN)
LONG SLEEVE 65/35
POLYESTER/COTTON BLEND SHIRT, $2.013
WITH POCKET (KHAKI, BLUE, ETC)
SHORT SLEEVE 65/35
POLYESTER/COTTON BLEND SHIRT, $2.013
WITH POCKET (KHAKI, BLUE, ETC)
ANSI CLASS 3 HIGH VISIBILITY SHORT $8 80
SLEEVE WORK SHIRT
I
ANSI CLASS 3 HIGH VISIBILITY LONG $8.80 J
J SLEEVE WORK SHIRT
I
LONG SLEEVE 65/35
POLYESTER/COTTON BLEND $2.805
BUTTON UP DRESS SHIRT
MAKE UP CHARGES FOR SEASONAL $1.529
t CHANGES (IF ANY) PER ITEM
TOTAL BID ITEM 1.
PER WEEK
5
20
25
15
30
1
BID ITEM COST PER
WEEK
(Column A x Column B)
$14.91
$10.07
$40.26
$50.33
$132.00
$264.00
$22.44 I
N/A
$534.01
BID ITEM 2. PANTS
Column A Column B _.-
BID ITEM COST PER
' BID ITEM TYPE, DESCRIPTION UNIT COST . EMPLOYEE COUNT WEEK
PER WEEK j
(1 unit= 5 (Column A x Column B)
14.5 OZ. PRE-SHRUNK COTTON
DENIM JEANS
$3.256
I
55
$179.08
PANTS 65/35 POLY/COTTON
$2.299
5
$11.50
PANTS 65/35 POLY/COTTON
$3.586
25
$89.65
CARGO
SHORTS POLY/COTTON
$3.586
10
$35.66
CARGO
TOTAL BID ITEM 2.
$316.09
PER WEEK
i
BID ITEM 3. JACKETS
BID ITEM TYPE AND
DESCRIPTION
WAIST LENGTH JACKET 65/35
POLY/COTTON TWILL, QUILTED
LINING.
TWO (2) JACKETS PER
EMPLOYEE
TOTAL BID ITEM 3.
PER WEEK
Column A Column B
BIDDERS BID ITEM COST PER
DESCRIPTION UNIT COST EMPLOYEE WEEK
& ITEM NUMBER PER WEEK COUNT
(1 unit= 5 (Column A x Column B)
Itemstweek)
Jacket Item 677 $.872 8 $6.98
$6.98
BID ITEM 4. FLOOR MATS, RAGS, & MISCELLANEOUS
BIDDERS UNIT COST UNIT I TOTAL COST
ITEM TYPE, DESCRIPTION DESCRIPTION PER WEEK COUNT COUNT TIMES
(1 unit= 5 UNIT COST
Itemstweek)
SHOP
RAGS, 18X18 WIPERS (BAG OF 25) + TOWEL $1.525 10 $15.25
ITEM 2160
TERRY
BAR TOWELS (BAG OF 25) TOWEL $3.20 5 $16.00
ITEM 2700 1
3X5 FLOOR MATS, WEEKLY CHANGE
CONSISTS OF COLLECTION OF 3X5 MAT $2.038 18 $36.68
+ FLOOR MATS AND DELIVERY
I
I '
4X6 FLOOR MATS, WEEKLY CHANGE
CONSISTS OF COLLECTION OF 4X6 MAT $2.517 33 ! $83.06
FLOOR MATS AND DELIVERY
i
3X10 FLOOR MATS, WEEKLY CHANGE
CONSISTS OF COLLECTION OF 3X10 MAT $2.996 8 $23.97
FLOOR MATS AND DELIVERY
2X3 FLOOR MAT, WEEKLY CHANGE
CONSISTS OF COLLECTION OF 2X3 MAT $1.75 2 $3.50
FLOOR MATS AND DELIVERY
I
DRY MOP 36" 36" MOP 1 $0.968 1 $0.97
TOTAL BID ITEM 4.
PER 'IfiPEEK
BID ITEM 5. PATCHES & EMBROIDERING
ITEM TYPE, BIDDERS UNIT COST UNIT TOTAL COST
DESCRIPTION DESCRIPTION COUNT COUNT TIMES
(1 unit= 1 UNIT COST
Item)
SUPPLY AND ATTACH PUBLIC
WORKS AND/OR PARKS $3.50 1078 $3,773.00
DEPARTMENT SHOULDER PATCH
SUPPLY AND ATTACH NAME PATCH $1.529 1078 $1,648.00
COST TO EMBROIDER "CITY OF LODI"i
AND EMPLOYEE NAME ON POLO $3.50 55 $192.50
SHIRTS
TOTAL BID ITEM 5.
*One Time Service Only; $5,613.76
Not a weekly item.
BID PROPOSAL TOTALS
ITEMS 1, 2, 3, 4 and 5.
TOTAL BID ITEM 1. PER WEEK
TOTAL BID ITEM 2. PER WEEK
TOTAL BID ITEM 3. PER WEEK
TOTAL BID ITEM 4. PER WEEK
SUBTOTAL ITEMS 1, 2, 3, & 4
SUBTOTAL WEEKLY COST
I
TOTAL BIENNIAL COST (WEEKLY COST X 104)
SALES TAX (IF APPLICABLE)
TOTAL BID ITEM 5. (ONE TIME ONLY)
GRAND TOTAL
(TOTAL BIENNIAL COST PLUS TOTAL BID ITEM 5.)
OPTIONAL BID ITEM (Not Counted in Bid Total)
$534.01
$316.09
$6.89
$179.43
$1,036.42
$1,036.42
$107,787.68
N/A
$5,613.76
$113,401.44
ITEM TYPE,
BIDDERS
UNIT COST PER
UNIT COUNT
TOTAL COST PER
DESCRIPTION, &
DESCRIPTION
WEEK
WEEK
APPROXIMATE COUNT
LONG SLEEVE 65/35
ITEM 82367
POLYESTER/COTTON BLENI
$,183
30
$5.49
SHIRT,ORANGE IN COLOR,
WITH POCKET
_
ITEM 82367
SHORT SLEEVE 65/35
POLYESTER/COTTON BLEN
$.183
15
$2.75
SHIRT,ORANGE IN COLOR,
WITH POCKET
ITEM 65386
$.75
ANSI CLASS 2 HIGH
VISIBILITY SHORT
SLEEVE WORK SHIRT
15
$11.25
ANSI CLASS 2 HIGH
VISIBILITY LONG
SLEEVE WORK SHIRT
ITEM 65386
_
$.75
30
$22.50
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 — Deleted
ARTICLE VIII - The Contractor agrees to commence work pursuant to this contract within 15
calendar days after the City Manager has executed the contract.
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.
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" (".pdt") 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 JULY 1, 2021 THROUGH JUNE 30, 2023.
BY MUTUAL AGREEMENT, THE CITY AND THE CONTRACTOR MAY ENTER INTO THREE
(3) ONE YEAR ENTENSIONS.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the year
and date written below.
CONTRACTOR:
A
Title
(CORPORATE SEAL)
CITY OF LODI
sy
S en Schwa-'crauQr -,J
City Manager
Date: kow ' *' Int
Attest:
6;�nniter*
mir
City Cle
Approved as to form:
Ja ice D. Bich
City ftttorn Y
UNIFORM RENTAL SERVICES SECTION 5
2021-2023 GENERAL PROVISIONS
5.000 GENERAL STIPULATIONS
A. Cancellation Clause If at any time the City determines that service being rendered does
not comply with the terms of this Contract, the City shall have the right to terminate the
contract effective thirty (30) days following the mailing of written notice to the Contractor
at Contractor's usual place of business.
B. Payment for Work Performed The City will pay the Contractor for work performed under
the terms of this contract, at regular intervals of once a month until contract completion.
The payment shall be based on the amount bid for only the work which has been
completed, inspected and approved by the City. The Contractor must submit an
itemized monthly billing.
C. Period of Contract This Contract provides for accomplishment of specified work for a
period of twenty-four (24) months following award of Contact, beginning July 1, 2021
through June 30, 2023.
D. Option to Renew By mutual agreement, the City and Contractor may extend the
agreement for up to three (3) one-year extensions of this contract.
E. Allowance to Tag -On The City of Lodi grants permission for other public agencies to
tag on to this bid.
5.100 SPECIAL STIPULATIONS
5-101
Work to be Done The work to be done consists of furnishing all labor, materials,
methods and processes, implements, tools and machinery, except as otherwise
specified, which are necessary and required to construct and complete the work
designated in these specifications and improvement plans, and to leave the grounds in
a neat condition.
5-102 Alterations By mutual consent in writing of the parties signatory to the contract,
alterations or deviations, increases or decreases, and additions or omissions in the
plans and specifications may be made and the same shall in no way affect or make void
the contract.
The City of Lodi reserves the right to increase or decrease the quantity of any item or
portion of the work, or to omit portions of the work as may be deemed necessary or
expedient by the City Engineer.
5-103 Extra Work New and unforeseen work will be classed as extra work when such work
cannot be covered by any of the various items for which there is a contract bid price.
The Contractor shall do no extra work except upon a written change order from the City
Engineer. For such extra work, the Contractor shall receive payment as previously
agreed upon in the change order or as provided in Section 5-604, "Extra Work", of
these General Provisions.
5 -104 -Cleaning -Up Deleted
5-200 CONTROL OF WORK
5-201 Authority of the City Engineer The City Engineer shall decide any and all questions
which may arise as to the quality or acceptability of materials furnished and work
performed, and as to the manner of performance and rate of progress of the work; all
questions which arise as to the interpretation of the plans and specifications; all
questions as to the acceptable fulfillment of the contract on the part of the Contractor;
and all questions as to claims and compensation.
The City Engineer's decision shall be final. The City Engineer shall have executive
authority to enforce and make effective such decisions and orders as the Contractor
fails to carry out promptly.
5-202 Plans Deleted.
5-203 Conformity with Contract Documents and Allowable Deviations Deleted.
5-204 Coordination of Pians and Specifications The plans and specifications including all
supplementary documents are essential parts of the contract and a requirement
occurring in one is as binding as though occurring in all. They are intended to be
cooperative, to describe, and to provide for a complete work.
Plans shall govern over Special Provisions.. Special Provisions shall govern over
General Provisions. General Provisions shall govern over Standard Specifications and
Standard Plans.
5-205 Interpretation of Plans and Specifications Should it appear that the work to be done, or
any matter relative thereto, is not sufficiently detailed or explained in the plans and
specifications, the Contractor shall apply to the City Engineer for such further
explanations as may be necessary, and shall conform to such explanation or
interpretation as part of the contract so far as may be consistent with the intent of the
original specifications. In the event of doubt or questions relative to the true meaning of
the contract documents, reference shall be made to the City Engineer, whose decision
thereon shall be final.
In the event of any discrepancy between any drawing and the figures written thereon,
the figures shall be taken as correct.
5-206 Order of Work When required by the Special Provisions or plans, the Contractor shall
follow the sequence of operations as set forth therein.
Full compensation for conforming with such requirements will be considered as included
in the prices paid for the various contract items of work, and no additional compensation
will be allowed therefor.
5-207 Plans and Specifications on Job Site Deleted.
5-208 Superintendence Deleted.
5-209 Lines and Grades Deleted.
5-210 Inspection Deleted.
5-211 Removal of Defective and Unauthorized Work Deleted -
5 -212 Final Inspection Deleted.
5-300 CONTROL OF MATERIALS
5-301 Source of Supply and Quality of Materials The Contractor shall furnish all materials
required to complete the work, except materials that are designated in the specifications
to be furnished by the City.
Only materials conforming to the requirements of the specifications shall be
incorporated in the work.
The materials furnished and used shall be new, except as may be provided elsewhere
in these specifications or the plans. The materials shall be manufactured, handled and
used in a manner to insure completed work in accordance with the plans and
specifications.
Manufacturer's warranties, guarantees, instruction sheets and parts lists, which are
furnished with certain articles or materials incorporated in the work, shall be delivered to
the Engineer before commencement of the work.
5-302 Samples and Tests Deleted.
5-303 Defective Materials All materials not conforming to the requirements of these
specifications shall be considered as defective, and all such materials, whether in place
or not, shall be rejected and shall be removed immediately from the site of the work
unless otherwise permitted by the City Engineer.
No rejected materials, the defects of which have been subsequently corrected, shall be
used until approved in writing by the City Engineer.
Upon failure on the part of the Contractor to comply with an order of the City Engineer
made under the provisions of this section, the City Engineer shall have authority to
remove and replace defective material and to deduct the cost of removal and
replacement from any moneys due or to become due the Contractor.
5-304 City -furnished Materials Materials furnished by the City will be available at locations
designated in the Special Provisions, or if not designated therein they will be delivered
to the project. They shall be hauled to the site of the work by the Contractor at his/her
expense, including any necessary loading and unloading that may be involved. The cost
of handling and placing City -furnished materials shall be considered as included in the
price paid for the contract items involving such City -furnished materials. City -furnished
materials lost or damaged from any cause whatsoever shall be replaced by the
Contractor. The Contractor will be liable to the City for the cost of replacing City -
furnished materials and such costs may be deducted from any moneys due or to
become due the Contractor.
5-305 Trade Names and Alternatives For convenience in designation on the plans or in the
specifications, certain articles or materials to be incorporated in the work may be
designated under a trade name or the name of the manufacturer and the catalogue
information. The use of an alternative article or materials which are of equal quality and
of the required characteristics for the purpose intended will be permitted, subject to the
following requirements.
The burden of proof as to the quality and suitability of alternatives shall be upon the
Contractor, who shall furnish all information necessary as required by the Engineer. The
Engineer shall be the sole judge as to the quality and suitability of alternative articles or
materials and such decision shall be final.
Whenever the specifications permit the substitution of a similar or equivalent material or
article, no tests or action relating to the approval of such substitute material will be
made until the request for substitution is made in writing by the Contractor accompanied
by complete data as to the equality of the material or article proposed. Such request
shall be made in ample time to permit approval without delaying the work.
5-400 LEGAL RELATIONS AND RESPONSIBILITIES
5-401 Laws to be Observed The Contractor shall keep him/herself fully informed of all existing
and future State and National laws and all municipal ordinances and regulations of the
City of Lodi which in any manner affect those engaged or employed in the work, or the
materials used in the work, or which in any way affect the conduct of the work, and of all
such orders and decrees of bodies or tribunals having any jurisdiction or authority over
the same.
5-402 Labor Discrimination Attention is directed to Section 1735 of the Labor Code which
reads as follows:
1735. No discrimination shall be made in the employment of persons upon public works
because of the race, religious creed, color, national origin, ancestry, physical handicap,
medical condition, marital status, or sex of such persons, except as provided in Section
12940 of the Government Code, and every Contractor for public works violating this
section is subject to all the penalties imposed for a violation of this chapter.
5-403 Permits and Licenses Except as otherwise provided, the Contractor shall procure all
permits and licenses, pay all charges and fees, and give all notices necessary and
incidental to the due and lawful prosecution of the work.
The successful bidder shall provide the City with proof of a current City of Lodi Business
License. A copy of this Business License shall be submitted prior to the execution of the
contract.
5-404 Contractor's Licensing Laws Attention is directed to the provisions of Chapter 9 of
Division 3 of the Business and Professions Code concerning the licensing of
contractors.
All bidders and contractors shall be licensed in accordance with the laws of the State of
California and any bidder or contractor not so licensed is subject to the penalties
imposed by such laws.
5-405 Patents The Contractor shall assume all responsibilities arising from the use of
patented materials, equipment, devices or processes used on or incorporated in the
work.
5-406 Safety Provisions The Contractor shall conform to the rules and regulations pertaining
to safety established by the California Division of Industrial Safety.
5-407 Public Convenience and Safety Deleted
5-408 Preservation of Property_ Deleted
5-409 Responsibility for Damage The City of Lodi, the City Council, all officers and employees
or agents shall not be answerable or accountable in any manner for any loss or damage
that may happen to the work or any part thereof; or for any material or equipment used
in performing the work; or for injury or damage to any person or persons, either work
personnel or the public; for damage to adjoining property from any cause whatsoever
during the progress of the work or any time before final acceptance with the exception
of those injuries or damages arising out of the active negligence of the City of Lodi or its
agents, officers or employees.
The Contractor to the fullest extent permitted by law, shall indemnify and hold harmless
the City of Lodi, its elected and appointed officials, directors, officers, employees,
agents and volunteers from and against any suits, claims, damages, losses, and
expenses (including reasonable attorney's fees and costs), sustained or arising out of
performance of services to be performed under the contract, or sustained or arising in
the construction of the work or in consequence thereof, provided that any such suit,
claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of
Contractor, any subcontractor employed directly by Contractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts they may be liable,
except those injuries or damages arising out of the active negligence, sole negligence,
or sole willful misconduct of the City of Lodi, its elected and appointed officials,
directors, officers, employees, agents and volunteers. City may, at its election, conduct
the defense or participate in the defense of any claim related in any way to this
indemnification. If City chooses at its own election to conduct its own defense,
participate in its own defense, or obtain independent legal counsel in defense of any
claim related to this indemnification, Contractor shall pay all of the costs related thereto,
including without limitation reasonable attorney fees and costs. The defense and
indemnification obligations required by the contract are undertaken in addition to, and
shall not in any way be limited by the insurance obligations set forth herein.
The City Council may retain as much of the money due the Contractor as shall be
considered necessary until disposition has been made of such suits or claims for
damages as aforesaid.
5-410 Contractor's Responsibility for Work Except as provided above, until the formal
acceptance of the work by the City Council, the Contractor shall have the charge and
care thereof and shall bear the risk of injury or damage to any part thereof by the action
of the elements or from any other cause, whether arising from the execution or from the
nonexecution of the work.
The Contractor shall rebuild, repair, restore and make good all injuries or damages to
any portion of the work occasioned by any of the above causes before final acceptance
and shall bear the expenses thereof, except such injuries or damages occasioned by
acts of the Federal Government or the public enemy.
5-411 No Personal Liability Neither the City Council, the City Engineer, nor any other officer
or authorized assistant or agent or employee shall be personally responsible for any
liability arising under the contract.
5-4_12 Responsibility of City The City of Lodi shall not be held responsible for the care or
protection of any material or parts of the work prior to final acceptance, except as
expressly provided in these specifications.
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.
5-413 .Insurance Requirements for Contractor The Contractor shall take out and maintain
during the life of the contract; insurance coverage as listed below. These insurance
policies shall protect the Contractor and any subcontractor performing work covered by
this contract from claims for damages for personal injury, including accidental death, as
well as from claims for property damages, which may arise from Contractor's operations
under this contract, whether such operations be by Contractor, or by any subcontractor
or by anyone directly or indirectly employed by either of them, and the amount of such
insurance shall be as follows:
1. COMPREHENSIVE GENERAL LIABILITY
$2,000,000 Each Occurrence
or
$4,000,000 General Aggregate
2. COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Bodily Injury - Each Person
$1,000,000 Bodily Injury - Each Occurrence
$1,000,000 Property Damage - Each Occurrence
or
$2,000,000 Combined Single Limits
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 of
this form, or an equivalent form providing equivalent liability coverage.
NOTE: there may be occasions when additional types of coverage are required, for
example:
3. PROFESSIONAL LIABILITY / ERRORS AND OMISSIONS
$1,000,000 Each Occurrence
All limits are to be designated strictly for the City of Lodi, its elected and appointed
boards, commissions, officers, agents, employees, and volunteers. 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.
"Claims made" coverage requiring the insured to give notice of any potential liability
during a time period shorter than that found in the Tort Claims Act shall be
unacceptable.
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 equivalent 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.
(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) 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
(d) Completed Operations Endorsement
During construction, and for three years after completion of project, a certificate of
insurance with a Completed Operations Endorsement, CG 20 37 07 04, will be provided
to the City of Lodi.
(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 name(s) of the insurer(s), and rate of interest. Contractor shall pay
such reimbursement and interest on the first (1st) day of the month following the City's
notice. Notwithstanding and 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.
5-414 Compensation Insurance The Contractor shall take out and maintain during the life of
this contract, Workers Compensation Insurance and Employer's Liability 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 Workers
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the Contractor. In case any class of employees
engaged in hazardous work under this contract at the site of the project is not protected
under the Worker's Compensation Statute, the Contractor shall provide and shall cause
each subcontractor to provide insurance for the protection of said employees. This
policy may not be canceled nor the coverage reduced by the company without 30 days'
prior written notice of such cancellation or reduction in coverage to the Risk Manager,
City of Lodi, 221 W. Pine St., Lodi, CA 95240. A Workers Compensation Waiver of
Subrogation against the City is required.
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.
NOTE: No Contract agreement will be signed nor will any work begin on a project until
proper insurance certificate is received by the City.
5-415 Guarantee and Warranty In addition to guarantees required in other provisions of the
contract, Contractor shall, and hereby does, guarantee and warrant all work for a period
of one year after date of acceptance of work by the City and shall repair or replace any
or all such work, together with any other work which may be displaced in so doing, that
may prove defective in workmanship and/or materials within one-year period from date
of acceptance without expense whatsoever to the City, ordinary wear and tear, unusual
abuse or neglect excepted. The Engineer will give notice of observed defects with
reasonable promptness. The Contractor shall notify the Engineer upon completion of
repairs.
In the event of failure of the Contractor to comply with the above-mentioned conditions
within one week after being notified in writing, the City is hereby authorized to proceed
to have defects repaired and made good at expense of the Contractor who hereby
agrees to pay costs, penalties and charges therefor immediately on demand.
If, in the opinion of the Engineer, defective work creates a dangerous condition or
requires immediate correction or attention to prevent further loss to the City or to
prevent interruption of operations of the City, the City will attempt to give the notice
required. If the Contractor cannot be contacted or does not comply with the Engineer's
request for correction within a reasonable time as determined by the Engineer, the City
may, notwithstanding the provisions of this section, proceed to make such correction or
provide such attention and the costs of such correction or attention shall be charged
against the Contractor. Such action by the City will not relieve the Contractor of the
guarantees provided in this section or elsewhere in this contract.
This section does not in any way limit the guarantee on any items for which longer
guarantee is specified nor on any items for which a manufacturer gives a guarantee for
a longer period, nor does it limit other remedies of the City in respect to latent defects,
fraud or implied warranties.
5-416 Cooperation Should construction be underway by other agencies or by other
contractors within or adjacent to the limits for the work specified, or should work of any
other nature be underway by other forces within or adjacent to said limits, the
Contractor shall schedule and coordinate the work with the other contractors and
agencies so there is the least amount of conflict during all phases of construction. The
Contractor is also responsible for making all necessary agreements with other
contractors as required during construction.
5-500 PROSECUTION AND PROGRESS
5-501 Subcontracting The Contractor shall give personal attention to the fulfillment of the
contract and shall keep the work under control.
Subcontractor will not be recognized as such and all persons engaged in the work of
construction will be considered as employees of the Contractor, and their work shall be
subject to the provisions of the contract and specifications.
Where a portion of the work subcontracted by the Contractor is not being prosecuted in
a manner satisfactory to the City Engineer, the subcontractor shall be removed
immediately on the requisition of the City Engineer and shall not again be employed on
the work.
5-502 Assignment The performance of the contract may not be assigned, except upon written
consent of the City. Consent will not be given to any proposed assignment which would
relieve the original Contractor or Contractor's surety of their responsibilities under the
contract, nor will the City consent to any assignment of a part of the work under the
contract.
5-503 (deleted)
5-504 (deleted)
5-505 Character of Work Personnel If any subcontractor or person employed by the
Contractor fails or refuses to carry out the directions of the City Engineer or appears to
the City Engineer to be incompetent or to act in a disorderly or improper manner, that
person shall be discharged immediately on the requisition of the City Engineer, and
such person shall not again be employed on the work.
5-506 Temporary Suspension of Work The City Engineer shall have the authority to suspend
the work wholly or in part, for such period as City Engineer may deem necessary, due
to unsuitable weather or to such other conditions as are considered unfavorable for the
suitable prosecution of the work, or for such time as City Engineer may deem
necessary, due to the failure on the part of the Contractor to carry out orders given, or
to perform any provisions of the contract. The Contractor shall immediately obey such
order of the City Engineer and shall not resume the work until ordered in writing by the
City Engineer.
In the event that suspension of work is ordered as provided above, and should such
suspension be ordered by reason of the failure of the Contractor to carry out orders or
to perform any provision of the contract; or by reason of weather conditions being
unsuitable for performing any item or items of work which, in the sole opinion of the
Engineer, could have been performed prior to the occurrence of such unsuitable
weather conditions had the Contractor diligently prosecuted the work when weather
conditions were suitable; the Contractor, at Contractor's expense, shall do all the work
necessary to provide a safe, smooth and unobstructed passageway through
construction for use by public traffic during the period of such suspension as provided in
Section 7-1.08, "Public Convenience," and 7-1.09, "Public Safety," of the Standard
Specifications, and as provided in the Contract Specifications. In the event that the
Contractor fails to perform the work above specified, the City may perform such work
and the cost thereof will be deducted from moneys due or to become due the
Contractor.
5-507 Time of Completion and Liquidated Damages Deleted.
5-508 Termination of Contract Failure to prosecute the work diligently is grounds for
termination of the Contractors control over the work by the City of Lodi as provided in
Section 14394 of the Government Code of the State of California.
5-509 Right -of -Way Deleted.
5-600 MEASUREMENT, ACCEPTANCE AND PAYMENT
5-501 Progress Payments Deleted.
5-602 Substitution of Securities for Withheld Amount Deleted -
5 -603 Final Acceptance of the Work Deleted.
5-604 Extra Work Deleted,
5-605 Notice of Potential Claim Deleted.
5-605.5 Determination of Rights If the monetary amount of all the Contractor's claims arising
under or by virtue of the contract does not exceed $25,000, such claims are subject to
determination or rights under the contract by a hearing officer of the City Council of the
City of Lodi. The party seeking a determination of rights shall give notice in writing of the
claim to the other party and to the City Council of the City of Lodi, setting forth the facts
on which the claim is based. Such notice shall be given no later than six months after
the issuance of the final estimate.
The City Council of the City of Lodi will appoint a hearing officer to hear such claim
within 60 days after such notice before completion of the contract, unless the City
consents to earlier appointment. The hearing officer will hear and determine the
controversy and render a decision in writing within 60 days after appointment, unless
otherwise agreed to by the parties or unless for good cause the hearing officer extends
such time. Each party shall bear its own costs and shall pay one-half of the cost of the
hearing.
Rules and regulations adopted by the City Council of the City of Lodi pursuant to
Section 14380 of the Government Code will govern the conduct of the hearings,
including requirements as to pleadings and other documents to be filed. The rules and
regulations may be obtained from the City Council of the City of Lodi.
Compliance with the notice requirements of this section does not relieve the Contractor
of responsibility for complying with any notice or protest requirement specified in these
specifications (e.g., Sections 5-102, "Alterations"; 5-507, "Time of Completion and
Liquidated Damages"; and 5-605, "Notice of Potential Claim"), nor does compliance
with the notice requirements of this section relieve the Contractor of responsibility for
complying with the claims submission requirements in Section 5-606, "Final Payment".
The notices required by this section shall be sent as follows:
(a) to the City Council of the City of Lodi, P.O. Box 3006, Lodi, California, 95241-1910;
(b) to the Department of Public Works, City of Lodi, P.O. Box 3006, Lodi, California,
95241-1910; and
(c) to the Contractor: such notices will be sent to the business address set forth in the
proposal.
If the address to which the notice to the City Council of the City of Lodi or to the
Department is to be changed, the Department will notify the Contractor in writing of
such change. The Contractor may change the address to which notices are to be sent
by giving the Department written notification of such change of address.
5-606 _Final Payment Deleted.
5-700 STANDARD SPECIFICATIONS Deleted.
UNIFORM RENTAL SERVICES SECTION 6
2021-2023 SPECIAL PROVISIONS
6-01 DESCRIPTION OF WORK
The work consists of furnishing new uniforms, weekly laundering, and delivering to the City of
Lodi, garments and related items in accordance with these special provisions. These items
include, but are not limited to, shirts, pants, floor mats, rags, and towels.
6-02 MEASUREMENTS AND FITTING
The supplier will measure and fit approximately ninety-four (94) people for uniforms, including
shirts and pants.
The approximate itemization is as follows:
• 44 at Public Works, Municipal Service Center, 1331 S. Ham.
• 9 at Public Works, Municipal Service Center Fleet Shop, 1331 S. Ham.
• 17 at Public Works, White Slough Water Pollution Control Facility, 12751 North
Thornton Road.
• 8 at Community Center (Hutchins Street Square), 125 South Hutchins Street.
• 12 at Parks Department, Maintenance Division, 125 North Stockton Street.
4 at Public Works, Surface Water Treatment Plant, 2001 West Turner Road
Prior to taking measurements, samples of the products to be supplied will be on site. That
would include samples of the styles, colors, and materials which employees will wear. The City
will notify supplier of the choices available to the employees.
6-03 DELIVERIES
Weekly deliveries shall be made to the following locations:
Municipal Service Center at 1331 South Ham Lane
Facility Services Office at 221 West Pine Street
Parks and Recreation Department at 125 North Stockton Street
White Slough Water Pollution Control Facility at 12751 North Thornton Road
Community Center (Hutchins Street Square) at 125 South Hutchins Street, and
Surface Water Treatment Plant at 2001 West Turner Road
6-04 MEASUREMENT AND DELIVERY TIME
New uniform measurements shall be completed within seven (7) calendar days after the
contract execution date. The uniform delivery shall be made before July 1, 2021.
Vendor will be required to provide an itemized record of soiled garments picked up weekly at
each location. Vendor will also provide an itemization of clean garments delivered weekly at
each location.
6-05 INVENTORY AND WEEKLY CHANGES
Inventory for each employee shall consist of eleven (11) shirts and eleven (11) pants.
For jackets, inventory shall consist of two (2) jackets per employee.
No inventory is required for floor mats, rags, and miscellaneous.
Weekly changes shall include the collection of five (5) shirts and five (5) pants and the delivery
of five (5) clean shirts and five (5) clean pants for each employee.
6-06 DIRTY CLOTHES RECEPTACLE
A receptacle large enough to hold a full week of dirty clothes shall be provided as part of
the overall contract price at each delivery/pickup site except at the Public Works
Municipal Service Center site.
6-07 PRICES
All quoted prices shall be current and firm for at least thirty days after date of bid opening.
Prices to be F.O.B. delivered, Lodi, California.
6-08 SALES AND USE TAXES
All bids submitted shall include appropriate sales or use taxes where applicable, in the Costs
Bid.
6-09 INVOICES
A. Invoices shall be issued at least every four weeks, and shall indicate changes and costs by
week for the previous weeks. Invoices shall also indicate as separate items any incidental
charges, as well as any sales or use taxes, which may apply. All invoices shall be in
duplicate.
B. Individual invoices shall be provided to each division supplied.
C. Payment by the purchaser shall not release supplier of the responsibility to fully carry out
the bid obligations nor be construed by supplier as acceptance of the work hereunder by
purchaser.
6-10 GUARANTEES
In addition to any or all guarantees mentioned elsewhere herein, the supplier shall repair and/or
replace, at no additional expense to the City of Lodi, any uniforms or related items that may
develop defects due to faulty material, workmanship, normal wear or design, or damages
incurred through the normal day-to-day duties of employees during the period of the
agreement. Damages may include tears, damage from chlorine, battery acid, and liquid
asphalt. Holes and/or fading of shirts and pants will not be acceptable and will necessitate
replacement.
All supplied shirts that are orange in color shall be maintained to meet the standards as set
forth in ANSI/ISEA 107-2004 and/or as specified in MUTCD Section 6E.02 High Visibility Safety
Apparel. These items are not for nighttime use and will have no retroreflective material.
Fading of shirts and pants will not be acceptable and will necessitate replacement under a
garment protection/damage guarantee.
The cost of any garment protection/damage guarantees shall be built into the bid price for
uniforms, no exceptions.
6-11 PERIOD OF CONTRACT
The contract will be for a period of two years beginning July 1, 2021 through
June 30, 2023.
6-13 OPTION TO RENEW
By mutual agreement, the City and the Contractor may enter into three (3) one year extensions.
RESOLUTION NO. 2022-262
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT WITH
CINTAS CORPORATION NO. 3, OF STOCKTON, FOR RENTAL AND CLEANING
OF UNIFORMS FOR CERTAIN FIELD AND WAREHOUSE EMPLOYEES
WHEREAS, at the April 21, 2021 meeting, Council adopted a resolution awarding the
contract for rental and cleaning of uniforms for certain employees to Cintas, of Stockton, in the
amount of $113,401; and
WHEREAS, the initial term of the contract is set to expire on June 30, 2023, but all
funds have been expended; and
WHEREAS, the current contract includes uniforms for the Facilities Services, Fleet
Services, Streets, Water/Wastewater, Community Center, and Parks division employees, as
provided in the memorandums of understanding and was based on the employee count at the
time of the bid; and
WHEREAS, since that time there has been an increase in staff, as well as staff turnover,
which is an additional cost, and increase in the weekly contract cost to some of the divisions,
which has contributed to the contract being fully expended before the expiration date; and
WHEREAS, staff recommends authorizing the City Manager to execute Amendment
No. 1 to the contract with Cintas, of Stockton, for rental and cleaning of uniforms, in the amount
of $200,000.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute Amendment No. 1 to the contract with Cintas
Corporation No. 3, of Stockton, California, for rental and cleaning of uniforms, in the amount of
$200,000, thereby extending the term to June 30, 2024; 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: November 2, 2022
-----------------------------
I hereby certify that Resolution No. 2022-262 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held November 2, 2022 by the following votes:
AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
OLIVIA NASHED
City Clerk
2022-262