City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00070 5/2/2023 Consent Item 3.
Supplemental Agreement: Citywide Safety Shoes
File ID: 2023-00070
Location: Citywide
Recommendation: Pass a Motion authorizing the City Manager or the City Manager’s designee to execute Supplemental Agreement No. 5 to City Agreement C2018-1422 with Red Wing Shoe Store 812 for an amount not-to-exceed $125,000, bringing the agreement’s total not-to-exceed amount to $374,999.
Contact: Stacy Larkin, Administrative Analyst, (916) 808-6356, [email protected]; David Levine, Program Manager, (916) 808-6216; [email protected]; Pravani Vandeyar, Director, (916) 808-3765, [email protected], Department of Utilities Presenter: None
Attachments:
1-Description/Analysis
2-Supplemental Agreement
Additional Description/Analysis
Issue Detail: Safety shoes are required for certain staff who perform their regular job duties in areas where protective footwear is required for safety reasons, as a condition of their employment. The following recognized employee organizations require the City to contract with specific safety shoe vendors to provide these services:
1. Plumber and Pipefitters Union, Local 447; and
2. Auto, Marine and Specialty Painters, Local 1176
Protective footwear shall be appropriate for the job and work tasks performed. Examples of protective footwear include, but are not limited to, steel or composite material toecaps to protect against a crush hazard of falling or rolling objects, and/or a steel midsole to protect against punctures. Protective footwear must comply with California Occupational Safety and Health Administration (Cal OSHA)
File ID: 2023-00070 5/2/2023 Consent Item 3.
standards.
Policy Considerations: This supplemental agreement exceeds the City Manager’s approval authority and requires approval by City Council.
Economic Impacts: None
Environmental Considerations:
California Environmental Quality Act (CEQA): The Community Development Department, Environmental Services Manager has determined that the proposed activity is not a project pursuant to the California Environmental Quality Act (CEQA). CEQA Guidelines Section 15378 (b). The activity is a continuing administrative or maintenance activity, such as the purchase of supplies, and is not subject to CEQA. CEQA Guidelines Section 15060(c)(3).
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: On September 27, 2018, City Agreement C2018-1422 was awarded to Red Wing Shoe Store 812 in an amount not-to-exceed $24,500.
Supplemental No. 1 provided an increase to the not-to-exceed amount. Supplemental No. 2 extended the time of performance and provided an additional increase bringing the not-to-exceed amount to $249,999. Supplemental Nos. 3 and 4 extended the time of performance only.
The California Occupational Safety and Health Administration (Cal OSHA) regulates workplace safety. California Code of Regulations (CCR) §3385 provides the following regulation in relevant part:
“(a) Appropriate foot protection shall be required for employees who are exposed to foot injuries from electrical hazards, hot, corrosive, poisonous substances, falling objects, crushing or penetrating actions, which may cause injuries or who are required to work in abnormally wet locations. (b) Footwear which is defective or inappropriate to the extent that its ordinary use creates the possibility of foot injuries shall not be worn.
(c)(1) Protective footwear for employees purchased after January 26, 2007 shall meet the requirements and specifications in American Society for Testing and Materials (ASTM F 2412-05, Standard Test Methods for Foot Protection and ASTM F 2413-05, Standard Specification for Performance Requirements for Foot Protection which are hereby incorporated by this reference…” Red Wing is a Sole Brand and has been providing safety shoes to the City for many years.
File ID: 2023-00070 5/2/2023 Consent Item 3.
Supplemental No. 5 will extend the current contract to December 31, 2023 and provide an increase in an amount not-to-exceed $125,000 for a new total not-to-exceed amount of $374,999. This will be the final contract extension as the City determines the next steps for procuring safety boots in the future.
Financial Considerations: Supplemental No. 5 will increase the contract amount by $125,000, for a revised total not-to-exceed amount of $374,999. Purchases will be made from various City departmental operating and project budgets. There is sufficient funding in each of the departments’ Fiscal Year (FY) 2022-23 budgets to fund services through June 30, 2023. Funding for this agreement in future fiscal years will be subject to the availability of sufficient funds in the adopted fiscal year.
Local Business Enterprise (LBE): Red Wings Shoe Store 812, Inc. is not an LBE. The minimum LBE participation requirement was waived as the City suspended competitive bidding and utilized an alternative procurement method to select a vendor.
CONTRACT ROUTING SHEETContract Cover/Routing Form: Must Accompany ALL Contracts; however, it is NOT part of the contract.General Information (Required)Original Contract # (supplements only): ________ Supplement/Addendum #: ___________________Assessor’s Parcel Number(s): ________________________________________________________________Contract Effective Date: _________ Contract Expiration Date (if applicable): _________$ Amount (Not to Exceed): ______________________ Adjusted $ Amount (+/-): _____________________Other Party: ______________________________________________________________________________Project Title: _____________________________________________________________________________Project #: ____________________________________ Bid/RFQ/RFP #: ___________________________City Council Approval: if YES, Council File ID#: __________Contract Processing ContactsDepartment: ______________________________Contract Coordinator: _______________________Project Manager: _________________________________Department Review and Routing(Signature) (Date)(Signature) (Date)(Signature) (Date)(Signature) (Date)Special Instruction/Comments (i.e. recording requested, other agency signatures required, etc.)_______________________________________________________________________________________------------------FOR CLERK & IT DEPARTMENTS ONLY – DO NOT WRITE BELOW THIS LINE------------------ Red Wing Shoe Store 81205Utilities12/31/202312/27/2018N/AStacy [email protected]$125,000Citywide Safety Shoes2023-00070YESStacy Larkin x6356C2018-1422$374,999.00 CONTRACT SUPPLEMENTProject Title and Job Number: Citywide Safety Shoes Date: January 19, 2023Purchase Order #: Contract Supplement No.: 05Red Wings Shoe Store 812 Agreement designated as Contract Number , including any and all prior supplemental contracts modifying the contract (the contract and supplemental contract are hereafter collecand modify the Contract as follows:1. The Fees specified in Exhibit 1 of the Agreement are amended as follows:The performance period for the Agreement is extended from July 1, 2023 through and including December 31, 2023. The services described in Attachment 1 to Exhibit A shall be provided during this extension period.2. In consideration of the additional and/or revised services described in section 1, above, the maximum not-to-exceed amount $125,000, and the -to-exceed amount is amended as follows:-to-exceed amount: _$24,500.00Net change by previous contract supplements: $225,499.00Not-to-exceed amount prior to this contract supplement: $249,999.00Increase by this contract supplement: $125,000.00New not-to-exceed amount including all contract supplements: $374,999.003. Contractor agrees that the amount of increase or decrease in the not-to-exceed amount specified in section 2, above, shall constitute full compensation for the additional and/or revised services specified in section 1, above, and shall fully compensate Contractor for any and all direct and indirect costs that may be incurred by Contractor in connection with such additional and/or revised services, including costs associated with any changes and/or delays in work schedules or in the performance of other services or work by Contractor.4. Contractor warrants and represents that the person or persons executing this contract supplement on behalf of Contractor has or have been duly authorized by Contractor to sign this contract supplement and bind Contractor to the terms hereof. 5. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Contractor shall perform all of the services, duties, obligations and conditions required under the Agreement, as supplemented and modified by this contract supplement.Approval Recommended By: Approved As To Form By:______________________________________________ ____________________________________________Project Manager City AttorneyApproved By:______________________________________________ContractorApproved By: Attested To By:______________________________________________ ____________________________________________City of Sacramento City Clerk