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HomeMy WebLinkAboutAgenda Report - June 7, 2023 C-10y+ CITY OF �'�1r lk 0 o i CALIFORNIA AGENDA ITEM r /C) COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Authorizing Increase of City Manager's Change Order Authority by $600,000 and Execute Amendment No. 1 for 2021-2023 Landscape Maintenance of Miscellaneous Areas and Lodi Consolidated Landscape District No. 2003-1 MEETING DATE: June 7, 2023 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing increase of City Manager's change order authority by $600,000 and execute Contract Amendment No. 1 for 2021- 2023 Landscape Maintenance of Miscellaneous Areas and Lodi Consolidated Landscape District No. 2003-1. 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 July 21, 2021, Council authorized the City Manager to award the contract to the lowest responsive bidder and execute change orders in an amount not -to -exceed $80,000. The project was awarded to Odyssey Landscape Company, Inc. of Lodi, in the amount of $864,457. The contract allows for extensions by mutual consent. On May 18, 2022, City Council authorized an additional increase to the change order authority amount (total of $160,000) for a total not -to -exceed contract amount of $1,024,457. Below summarizes the change orders executed for the duration of the contract. CO 1: Added landscape areas to be maintained $ 11,389.30 CO 2: Doubled maintenance frequency of commercial areas $ 53,396.40 CO 3: Add to planting allowance $ 10,000.00 CO 4: Replace irrigation system at Hutchins Street Square $ 25,920.00 CO 5: Added maintenance Rubicon Buffer Trail $ 2.730.32 Cumulative Change Order Amount: $ 103,436.02 Staff approached Odyssey in regards to a potential contract extension for 2023/24. Odyssey agreed to extend the contract through June 30, 2024 if a Consumer Price Index (CPI) increase was included to account for increased operating costs. The City will often provide a CPI adjustment to annual contracts. Staff proposes an increase of 6.3% to cover the costs inflation and increasing minimum wage. With the CPI adjustment and additional scope of work, the Fiscal Year 2023/24 contract will be $574,186. Staff recommends authorizing increase of City Manager's change order authority by $600,000 and execute Contract Amendment No. 1 to 2021-2023 Landscape Maintenance of Miscellaneous Areas and Lodi Consolidated Landscape District No. 2003-1 with Odyssey Landscape Company, Inc. This increases the City Manager's total change order authority to $760,000 to include this contract extension, the previous change orders, and allows additional change orders to be authorized for the remainder of the contract. APPROVED: Stephen Schwabauer, City Manager \\cvcfilv02\pubwks$\WP\PROJECTS\STREETS\2021-2023 Landscape Maintenance\CChangeOrder_23_24Extension doc 5/8/2023 Adopt Resolution Authorizing City Manager to Execute Contract Amendment for 2021-2022 Asphalt Materials June 01, 2022 Page 2 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 General Government - PW Facility Services Streets - PW Tree Maintenance Electric Utility - Substation Maintenance Wastewater - Plant Maintenance Wastewater - Sanitation System Maintenance Water - Production Library - Library Administration Parks Assessment Districts Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director U�a�? Charles E. Swimley, Jr. Public Works Director Prepared by Alice Bernardino, Associate Civil Engineer CES/AB/cd cc: Utility Manager PRCS Director Fire Chief EUD Director Transportation Manager Signature: ofr'j' ur Xvob Email: akeys@lodi.gov 10040001.72499 10050001.72499 30156004.72499 50064200.72499 53053003.72499 53053004.72499 53052003.72499 12090000.72499 20072202.72463 80198200.72499 IlcvcfiI421pubw&s$1WPTRCJECTSISTREETSl2021-2023 Landscape Mal nlenancelCChangeorder 23_24EMension.doc 5/0/2023 AMENDMENT NO. 1 ODYSSEY LANDSCAPING COMPANY, INC. 2021-2023 LANDSCAPE MAINTENANCEOF MISCELLANEOUS AREAS AND LODI CONSOLIDATED LANDSCAPE ASSESSMENT DISTRICT 2003-1 THIS AMENDMENT NO. 1 TO CONTRACT, is made and entered this day of 2023, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and ODYSSEY LANDSCAPING COMPANY, INC. a California Corporation (hereinafter "CONTRACTOR"). WITNESSETH: WHEREAS, CONTRACTOR and CITY, entered into a Contract for janitorial services on September 22, 2021 (the "Agreement"), as set forth in Exhibit 1, attached hereto and made a part hereof; and; and 2. WHEREAS, CONTRACTOR requested to amend said Agreement to increase the unit prices by 6.3 percent (annual Consumer Price Index adjustment), as set forth in Exhibit 2, attached hereto and made part of; and 3. WHEREAS, CITY requests to extend the term of the Agreement through June 30, 2024; and 4. WHEREAS, CONTRACTOR AND CITY agree to said amendments. NOW, THEREFORE, the parties agree to said amend the Agreement as set forth in 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 U_�41 ODYSSEY LANDSCAPING COMPANY, INC. a California Corporation Hereinabove called "CONTRACTOR" Name: Title: Exhibit 1 2021-2023 LANDSCAPE MAINTENANCE SECTION 4 OF MISCELLANEOUS AREAS AND CONTRACT LODI CONSOLIDATED LANDSCAPE ASSESSMENT DISTRICT 2003-1 CITY OF LODI, CALIFORNIA THIS CONTRACT made by and between the CITY OF LODI, State of California, herein referred to as the "City," and ODYSSEY LANDSCAPING COMPANY, INC. 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 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. CONTRACT2 4.1 08/17/21 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. CONTRACT ITEMS CONTRACT2 4.2 08/17/21 Est. Qty Item Descriptlon (For Reference Unit Monthly Contract Price # of Months Total Contract Price F480,nly) SF $ 6,570.44 1 Group A Landscape 23 $ 151,120.12 Maintenance764 2 Group B1 Landscape Maintenance 1,140,281 SF $ 15,538.84 23 $ 358,428.32 3 Group 82 Landscape 156,352 SF $ 2,136.81 20 $ 42,736.21 Maintenance 4 Group 133 Landscape 14,366 SF $ 196.34 18 $ 3,534.04 Maintenance 5 Group B4 Landscape 878 SF $ 12.00 15 $ 179.99 Maintenance 6 Group C1 Landscape 123,974 SF $ 1,694.31 23 $ 38,969.13 Maintenance 7 Group C2 Landscape 460 SF $ 6.29 15 $ 94.30 Maintenance Group D Weed Control 8 and Debris Cleanup 190,794 SF $ 2,607.52 23 $ 59,972.96 (Sidewalks & Concrete Onl) - - 21,060 SF $ 287.82 23 $ 6,619.86 9 Group E, Zone 1 Landscape Maintenance 10 Group E, Zone 2 16,200 SF $ 221.82 23 $ 5,101.86 Landscape Maintenance 11 Group E, Zone 5 33,503 SF $ 457.87 23 $ 10,531.01 Landscape Maintenance 12 Group E, Zone 6a 55,926 SF $ 764.32 23 $ 17,579.36 Landscape Maintenance 13 Group E, Zone 8 5,796 SF $ 79.21 23 $ 1,821.83 Landscape Maintenance 14 Group E, Zone 11 1,890 SF $ 25.83 23 $ 594.09 Landscape Maintenance Group E, Zone 13 15 _ 10,800 SF $ 147.60 23 $ 3,394.80 Landscape Maintenance 16 Group E, Zone 14 3,380 SF $ 46.19 23 $ 1,062.37 Landscape Maintenance CONTRACT2 4.2 08/17/21 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 V1 - 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 VIJI - 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 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 08/17/21 Est. Qty Item Description (For Reference Unit Monthly Contract Price # of Months Total Contract Price Only) 10,800 SF - $ 147.60 -- — 23 - - $ 3,394.80 _ 17 Group E, Zone 15 Maintenance _ ..-Landscape 18 Group E, Zone 16 6,000 SF $ 82.00 23 $ 1,062.37 Landscape Maintenance Group E, Zone 6b Weed 19 Control and Debris 28,800 SF $ 393.60 23 $ 9,052.80 Cleanup (Private Driveways Only) _ Group F, Downtown 20 School Street 5,000 SF $ 68.33 23 $ 1,571.59 Landscape Maintenance__ - 21 Group G1, Rose Gate 192,000 SF $ 2,624.00 23 $ 60,352.00 Park 23 f _ - $ 71,587.09 22 Group G2, Villa Fiore 261,904 SF $ 3,579.35 and Reynolds Ranch $ 4,872.09 23 Transit Station and 15,500 SF $ 211.83 23 Parkin Structure I 24 Planting Allowance (only N/A LS $5,000.00/Year 2 Years $10,000.00 with City authorization) — . 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 V1 - 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 VIJI - 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 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 08/17/21 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 By: By:_ � 2�L c, STEPHEN SCHWABAUER City Manager Date: V)J-/->--) ) Attest: Title JENNIFER CUSMIR City Clerk (CORPORATE SEAL) Approved As To Form: JANICE . MAGDICH City Attorney CONTRACT2 4.4 08/17121 Exhibit 2 2021/2022 Landscape Maintenance 2023/2024 Contract Extension Rate Sheet Contractor: Contract #: Odyssey Landscape Company, Inc. 322059 Bid Item No. Description Unit Estimated Months 23/24 Unit 21122 Unit Price Total Contract Quantity Price Price 1 Group A Landscape Maintenance SF 480,764 12 $ 6,984.38 $ 6,570.44 / Month $ 83,812.53 2 Group B1 Landscape Maintenance SF 1,140,281 12 $16,565.62 $15,583.84 / Month $ 198,787.46 3 Group B2 Landscape Maintenance SF 156,352 12 $ 2,271.43 $ 2,136.81 / Month $ 27,257.15 4 Group B3 Landscape Maintenance SF 14,366 12 $ 208.71 $ 196.34 / Month $ 2,504.51 5 Group B4 Landscape Maintenance SF 878 12 $ 12.76 $ 12.00 / Month $ 153.07 6 Group C1 Landscape Maintenance SF 123,574 12 $ 1,801.05 $ 1,694.31 / Month $ 21,612.62 7 Group C2 Landscape Maintenance SF 460 12 $ 6.69 $ 6.29 / Month $ 80.24 8 Group D Weed Control and Debris SF 190,794 12 $ 2,771.79 $ 2,607.52 / Month $ 33,261.53 Cleanup (Sidewalks 8 Concrete Only) 9 Group E, Zone 1 Landscape SF 21,060 12 $ 305.95 $ 287.82 / Month $ 3,671 43 Maintenance 10 Group E, Zone 2 Landscape SF 16,200 12 $ 235.79 $ 221.82 / Month $ 2,829.54 Maintenance 11 Group E, Zone 5 Landscape SF 33,503 12 $ 486.72 $ 457.87 / Month $ 5,84059 Maintenance 12 Group E, Zone 6a Landscape SF 55,926 12 $ 812.47 $ 764.32 / Month $ 9,74967 Maintenance 13 Group E, Zone 8 Landscape SF 28,800 12 $ 84.20 $ 79.21 / Month $ 1,01040 Maintenance 14 Group E, Zone 11 Landscape SF 5,796 12 $ 27.46 $ 25.83 / Month $ 329.49 Maintenance 15 Group E, Zone 13 Landscape SF 1,890 12 $ 156.90 $ 147.60 / Month $ 1,88279 Maintenance 16 Group E, Zone 14 Landscape SF 10,800 12 $ 49.10 $ 46.19 / Month $ 58920 Maintenance 17 Group E, Zone 15 Landscape SF 3,380 12 $ 156.90 $ 147.60 / Month $ 1,882.79 Maintenance 18 Group E, Zone 16 Landscape SF 10,800 12 $ 87.17 $ 82.00 / Month $ 1,045.99 Maintenance 19 Group E, Zone 6b Weed Control and SF 6,000 12 $ 418.40 $ 393.60 / Month $ 5,020.76 Debris Cleanup (Private Driveways Only) 20 Group F, Downtown School Street SF 5,000 12 $ 72.63 $ 68.33 ! Month $ 871.62 Landscape Maintenance 21 Group G1, Rose Gate Park SF 192,000 12 $ 2,789.31 $ 2,624.00 / Month $ 33,471.74 22 Group G2, Villa Fiore and Reynolds SF 261,504 12 $ 3,804.85 $ 3,579.35 / Month $ 45,658.19 Ranch 23 Transit Station and Parking Structure SF 15,500 12 $ 22518 $ 211.83 / Month $ 2,70210 24 Planting Allowance (only with City LS 1 N/A $10,00000 $ 10,000.00 authorization) (CO3: +$10k) 25 Change Order 1 - Added areas for SF 17,070 12 $ 248.00 $233.30 / Month $ 2,975.97 Monthly Maintenance 26 Change Order 2 - Double Maintenance LS 1 12 $ 5,676.04 $5,339.64 .l Month $ 68,112.45 for Commerical Areas 27 Change Order 5 - Rubicon Buffer Trail SF 66,577 12 $ 967.45 $910.11 $ 11,609 36 Monthly Maitenance 'rota/ $ 576,723.18 RESOLUTION NO. 2023-106 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING AN INCREASE OF THE CITY MANAGER'S CHANGE ORDER AUTHORITY FOR THE CONTRACT FOR 2021-2023 LANDSCAPE MAINTENANCE OF MISCELLANEOUS AREAS AND LODI CONSOLIDATED LANDSCAPE DISTRICT NO. 2003-1; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT WITH ODYSSEY LANDSCAPE COMPANY, INC., OF LODI WHEREAS, 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; and WHEREAS, on July 21, 2021, Council authorized the City Manager to award the contract to the lowest responsive bidder and execute change orders in an amount not to exceed $80,000, and the project was awarded to Odyssey Landscape Company, Inc., of Lodi, in the amount of $864,457; and WHEREAS, on May 18, 2022, City Council authorized an additional increase to the change order authority amount (total of $160,000) for a total not -to -exceed contract amount of $1,024,457; and WHEREAS, Odyssey agreed to extend the contract through June 30, 2024, with a Consumer Price Index (CPI) increase of 6.3 percent to cover the costs of inflation and increasing minimum wage; and WHEREAS, staff recommends authorizing an increase of the City Manager's change order authority by $600,000 and executing Contract Amendment No. 1 to 2021-2023 Landscape Maintenance of Miscellaneous Areas and Lodi Consolidated Landscape District No. 2003-1 with Odyssey Landscape Company, Inc. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize an increase of the City Manager's change order authority for the contract for 2021-2023 Landscape Maintenance of Miscellaneous Areas and Lodi Consolidated Landscape District No. 2003-1 by $600,000; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Contract Amendment No. 1 to 2021-2023 Landscape Maintenance of Miscellaneous Areas and Lodi Consolidated Landscape District No. 2003-1 with Odyssey Landscape Company, Inc., of Lodi, California, extending the term to June 30, 2024, and increasing the unit prices by 6.3 percent; 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: June 7, 2023 I hereby certify that Resolution No. 2023-106 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 7, 2023 by the following votes: AYES: COUNCIL MEMBERS — Bregman, Craig, Nakanishi, Yepez, and Mayor Hothi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN COUNCIL MEMBERS — None GkL�0��� OLIVIA NASHED City Clerk 2023-106