City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00860 7/25/2023 Consent Item 21.
Contract: Maintenance and Repair of Curbs, Gutters, Sidewalks, and Related Items [Published for 10-Day Review 7/14/2023
File ID: 2023-00860
Location: Citywide
Recommendation: Pass a Motion: 1) awarding contract supplements for the maintenance and repair of curbs, gutters, sidewalks, and related items to the following companies through June 30, 2025: a) Escobedo Concrete and Demolition; b) Franklin T. Gassaway and Sons, Inc.; c) G and G Concrete, Inc.; d) NFB Engineering, Inc.; and e) Gold Country Concrete, Inc., for a combined amount not to exceed $8,000,000 per year for all companies.
Contact: Justin Hampton, Operations General Supervisor, (916) 808-4013, [email protected]; Jose Sanchez, Streets Manager, (916) 808-2254, [email protected], Department of Public Works Presenter: None.
Attachments:
1-Description/Analysis
2-Supplemental Agreement - Escobedo Concrete and Demolition 3-Supplemental Agreement - Franklin T. Gassaway and Sons, Inc. 4-Supplemental Agreement - G and G Concrete, Inc.
5-Supplemental Agreement - NFB Engineering, Inc.
6-Supplemental Agreement - Gold Country Concrete, Inc.
Description/Analysis
Issue Detail: The Department of Public Works has an ongoing requirement to ensure that the City’s public sidewalks are safe and accessible to all users. To support property owners and City actions as required by the City Code for maintenance and repair of curbs, gutters, and sidewalks in a timely manner, the City typically contracts with multiple vendors rather than a single low responsible bidder.
On June 14, 2022, this item was brought forward to City Council and was approved for an initial one- year contract term through June 30, 2023, with options to extend for up to two additional one-year terms (Motion 2022-0182).
File ID: 2023-00860 7/25/2023 Consent Item 21.
Staff is requesting spending authority in an amount not to exceed $8,000,000 per year in cumulative spending for all contracts through June 30, 2025, with a combined two-year total of not to exceed $16,000,000. The majority of these contracts are used to provide a convenient option for services needed by private property owners, who are not required to use these services and may also choose to privately contract for these services, The level of work annually can vary greatly, so it may be well under $8 million annually.
Policy Considerations: The recommendations in this report are consistent with Sacramento City Code Section 3.56 - Purchasing of Supplies and Services.
The Sacramento City Code Section 4.04.020 and Council Rules of Procedure (Chapter 7, Section E.2.d) mandate that unless waived by a 2/3 vote of the City Council, all labor agreements and all agreements greater than $1,000,000 shall be made available to the public at least ten (10) days prior to council action. Staff anticipates that utilization of these contracts could exceed $1 million; however, no specific amount is guaranteed. This item was published for 10-day review on July 14, 2023, in compliance with the City Code.
Economic Impacts: None.
Environmental Considerations:
California Environmental Quality Act (CEQA): Under the CEQA guidelines, continuing administrative activities do not constitute a project and are therefore exempt for review.
Sustainability: Not applicable.
Commission/Committee Action: None.
Rationale for Recommendation: The services that result from these contracts are needed to support the City’s Sidewalk Maintenance Program (SMP) and respond to other repair needs.
The Sidewalk Maintenance Program (SMP) allows property owners the option to use contracts executed by the City to take advantage of competitive pricing for the repair of public sidewalks adjacent to their respective properties. The SMP spends over $6 million annually for repair of defective sidewalks, curbs, and gutters.
To accommodate the anticipated volume of work performed by the sidewalk program, it is necessary to award multiple contracts with predetermined unit prices to utilize multiple contractors. Uniform line- item prices are necessary so that all property owners are charged the same for similar repairs, regardless of which contractor completes the work. Based upon the workload for the last three years, staff determined a pool of five contractors is appropriate. The Department of Public Works,
File ID: 2023-00860 7/25/2023 Consent Item 21.
with City Council approval, has previously established similar maintenance agreements for concrete repair services which have worked well in meeting the City’s needs.
In order to avoid any interruption of work and allow contractors to plan to serve future work, staff recommends awarding contract supplements to Escobedo Concrete and Demolition, Franklin T.
Gassaway & Sons, Inc., G & G Concrete, Inc., NFB Engineering, Inc., and Gold Country Concrete, Inc.
Financial Considerations: Sidewalk repairs associated with the repair of public sidewalks are funded by the abutting property owner(s) and billed to the responsible property owners pursuant to Sacramento City Code and the California Streets & Highway Code.
The curb and gutter repairs associated with the sidewalk repair are the responsibility of the City and are funded by the Department of Public Works, Maintenance Services Division’s operating budget.
The total payments to each contractor per year, or during any extended term, in combination with payment(s) to the other contractors on the City’s approved list of contractors for the maintenance and repair of curbs, gutters, sidewalks, and related items, can vary depending on demand for services, but shall not exceed $8,000,000 per year. These contracts will be used to provide services to property owners at their expense and costs to the City are reimbursed, often through payment plans.
In addition to use by property owners, these contracts may be utilized as part of Capital Improvement Projects (CIPs) if needed and if funding is available within project budgets.
Funding for each project will be identified at the time the project is being assigned and the Purchase Order is authorized. The funding sources may include local transportation funds, responsible property owners or department operating budgets.
Local Business Enterprise (LBE): Escobedo Concrete and Demolition; Franklin T. Gassaway & Sons, Inc.; G & G Concrete, Inc.; NFB Engineering, Inc.; Gold Country Concrete, Inc. are not LBEs.
The minimum LBE participation requirement was waived by the Director of Public Works as staff has determined the waiver is in the City’s best interests as a result of past contract experience. Limiting the pool of eligible contractors would negatively impact the response to the City’s solicitation for competitive contractors.
SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
Project Title and Job Number: Maintenance and Repair of Curbs, Gutters, Sidewalks, & Related Items Date: 06/21/2023 Purchase Order #: Supplemental Contract No.: 2
The City of Sacramento ("City") and Escobedo Concrete and Demolition("Contractor"), as parties to that certain Non- Professional Services Agreement designated as Contract Number PRC001822, including any and all prior supplemental contracts modifying the contract (the contract and all supplemental contracts are hereafter collectively referred to as the "Contract"), hereby supplement and modify the Contract as follows:
1. The Scope of Services specified in Exhibit A of the Contract is amended as follows:
The term of this agreement is extended through June 30, 202 5, and establishing not to exceed amounts. All other terms and conditions remain the same.
2. In consideration of the additional and/or revised services described in section 1, above, the maximum not -to-exceed amount that is specified in Exhibit B of the Contract for payment of Contractor's fees and expenses, is increased/decreased by ___See Council Report____, and the Contract’s maximum not-to-exceed amount is amended as follows:
Agreement's original not-to-exceed amount: $N/A
Net change by previous supplemental contracts: $N/A
Not-to-exceed amount prior to this supplemental contract: $N/A Increase/decrease by this supplemental contract: See Council Report New not-to exceed amount including all supplemental contracts: See Council Report
3. 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 schedules or in the delivery of other services by Contractor.
4. Contractor warrants and represents that the person or persons executing this supplemental contract on behalf of Contractor has or have been duly authorized by Contractor to sign this supplemental contract and bind Contractor to the terms hereof.
5. Except as specifically revised herein, all terms and conditions of the Contract shall remain in full force and effect, and Contractor shall perform all of the services, duties, obligations, and conditions required under the Contract, as supplemented and modified by this supplemental contract.
[SIGNATURES ON FOLLOWING PAGE]
SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
Project Title and Job Number: Maintenance and Repair of Curbs, Gutters, Sidewalks, & Related Items Date: 05/10/2023 Purchase Order #: Supplemental Contract No.: 1
The City of Sacramento ("City") and Franklin T. Gassaway & Sons, Inc. ("Contractor"), as parties to that certain Non - Professional Services Agreement designated as Contract Number PRC001823, including any and all prior supplemental contracts modifying the contract (the contract and all supplemental contracts are hereafter collectively referred to as the "Contract"), hereby supplement and modify the Contract as follows:
1. The Scope of Services specified in Exhibit A of the Contract is amended as follows:
The term of this agreement is extended through June 30, 2025, and establishing not to exceed amounts. All other terms and conditions remain the same.
2. In consideration of the addition al and/or revised services described in section 1, above, the maximum not -to-exceed amount that is specified in Exhibit B of the Contract for payment of Contractor's fees and expenses, is increased/decreased by ___See Council Report____, and the Contract’s maximum not-to-exceed amount is amended as follows:
Agreement's original not-to-exceed amount: $N/A
Net change by previous supplemental contracts: $N/A
Not-to-exceed amount prior to this supplemental contract: $N/A Increase/decrease by this supplemental contract: See Council Report New not-to exceed amount including all supplemental contracts: See Council Report
3. Contractor agrees that the amount of increase or decrease in the not- to-exceed amount specified in sect ion 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 schedules or in the delivery of other services by Contractor.
4. Contractor warrants and represents that the person or persons executing this supplemen tal contract on behalf of Contractor has or have been duly authorized by Contractor to sign this supplemental contract and bind Contractor to the terms hereof.
5. Except as specifically revised herein, all terms and conditions of the Contract shall remain in full force and effect, and Contractor shall perform all of the services, duties, obligations, and conditions required under the Contract, as supplemented and modified by this supplemental contract.
[SIGNATURES ON FOLLOWING PAGE]
SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
Project Title and Job Number: Maintenance and Repair of Curbs, Gutters, Sidewalks, & Related Items Date: 05/10/2023 Purchase Order #: Supplemental Contract No.: 1
The City of Sacramento ("City") and G&G Concrete Inc. ("Contractor"), as parties to that certain Non -Professional Services Agreement designated as Contract Number PRC001824, including any and all prior supplemental contracts modifying the contract (the contract and all supplemental contracts are hereafter collectively referred to as the " Contract"), hereby supplement and modify the Contract as follows:
1. The Scope of Services specified in Exhibit A of the Contract is amended as follows:
The term of this agreement is extended through June 30, 2025, and establishing not to exceed amounts. All other terms and conditions remain the same.
2. In consideration of the addition al and/or revised services described in section 1, above, the maximum not -to-exceed amount that is specified in Exhibit B of the Contract for payment of Contractor's fees and expenses, is increased/decreased by ___See Council Report____, and the Contract’s maximum not-to-exceed amount is amended as follows:
Agreement's original not-to-exceed amount: $N/A
Net change by previous supplemental contracts: $N/A
Not-to-exceed amount prior to this supplemental contract: $N/A Increase/decrease by this supplemental contract: See Council Report New not-to exceed amount including all supplemental contracts: See Council Report
3. Contractor agrees that the amount of increase or decrease in the not- to-exceed amount specified in sect ion 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 schedules or in the delivery of other services by Contractor.
4. Contractor warrants and represents that the person or persons executing this supplemen tal contract on behalf of Contractor has or have been duly authorized by Contractor to sign this supplemental contract and bind Contractor to the terms hereof.
5. Except as specifically revised herein, all terms and conditions of the Contract shall remain in full force and effect, and Contractor shall perform all of the services, duties, obligations, and conditions required under the Contract, as supplemented and modified by this supplemental contract.
[SIGNATURES ON FOLLOWING PAGE]
SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
Project Title and Job Number: Maintenance and Repair of Curbs, Gutters, Sidewalks, & Related Items Date: 05/10/2023 Purchase Order #: Supplemental Contract No.: 1
The City of Sacramento ("City") and NFB Engineering, Inc.("Contractor"), as parties to that certain Non-Professional Services Agreement designated as Contract Number PRC001825, including any and all prior supplemental contracts modifying the contract (the contract and all supplemental contracts are hereafter collectively referred to as the " Contract"), hereby supplement and modify the Contract as follows:
1. The Scope of Services specified in Exhibit A of the Contract is amended as follows:
The term of this agreement is extended through June 30, 2025, and establishing not to exceed amounts. All other terms and conditions remain the same.
2. In consideration of the additional and/or revised services described in section 1, above, the maximum not -to-exceed amount that is specified in Exhibit B of the Contract for payment of Contractor's fees and expenses, is increased/decreased by ___See Council Report____, and the Contract’s maximum not-to-exceed amount is amended as follows:
Agreement's original not-to-exceed amount: $N/A
Net change by previous supplemental contracts: $N/A
Not-to-exceed amount prior to this supplemental contract: $N/A Increase/decrease by this supplemental contract: See Council Report New not-to exceed amount including all supplemental contracts: See Council Report
3. Contractor agrees that the amount of increase or decrease in the not- to-exceed amount specified in sect ion 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 schedules or in the delivery of other services by Contractor.
4. Contractor warrants and represents that the person or persons executing this supplemen tal contract on behalf of Contractor has or have been duly authorized by Contractor to sign this supplemental contract and bind Contractor to the terms hereof.
5. Except as specifically revised herein, all terms and conditions of the Contract shall remain in full force and effect, and Contractor shall perform all of the services, duties, obligations, and conditions required under the Contract, as supplemented and modified by this supplemental contract.
[SIGNATURES ON FOLLOWING PAGE]
SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
Project Title and Job Number: Maintenance and Repair of Curbs, Gutters, Sidewalks, & Related Items Date: 05/10/2023 Purchase Order #: Supplemental Contract No.: 1
The City of Sacramento ("City") and Gold Country Inc. ("Contractor"), as parties to that certain Non-Professional Services Agreement designated as Contract Number PRC001834, including any and all prior supplemental contracts modifying the contract (the contract and all supplemental contracts are hereafter collectively referred to as the " Contract"), hereby supplement and modify the Contract as follows:
1. The Scope of Services specified in Exhibit A of the Contract is amended as follows:
The term of this agreement is extended through June 30, 2025, and establishing not to exceed amounts. All other terms and conditions remain the same.
2. In consideration of the addition al and/or revised services described in section 1, above, the maximum not -to-exceed amount that is specified in Exhibit B of the Contract for payment of Contractor's fees and expenses, is increased/decreased by ___See Council Report____, and the Contract’s maximum not-to-exceed amount is amended as follows:
Agreement's original not-to-exceed amount: $N/A
Net change by previous supplemental contracts: $N/A
Not-to-exceed amount prior to this supplemental contract: $N/A Increase/decrease by this supplemental contract: See Council Report New not-to exceed amount including all supplemental contracts: See Council Report
3. Contractor agrees that the amount of increase or decrease in the not- to-exceed amount specified in sect ion 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 schedules or in the delivery of other services by Contractor.
4. Contractor warrants and represents that the person or persons executing this supplemen tal contract on behalf of Contractor has or have been duly authorized by Contractor to sign this supplemental contract and bind Contractor to the terms hereof.
5. Except as specifically revised herein, all terms and conditions of the Contract shall remain in full force and effect, and Contractor shall perform all of the services, duties, obligations, and conditions required under the Contract, as supplemented and modified by this supplemental contract.
[SIGNATURES ON FOLLOWING PAGE]
SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)