City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01403 9/17/2024 Consent Item 9.
Supplemental Contract: Gray Construction and Securement Services, Inc. Securement Services for Community Development Department (Two-Thirds Approval Required) [Published for 10-Day Review 09/06/2024]
File ID: 2024-01403
Location: Citywide
Recommendation: Pass a Motion: 1) authorizing the City Manager or City Manager’s designee to execute Supplemental Agreement Number 1 to City Agreement Number PRC001554 with Gray Construction & Securement Services, Inc. for Securement Services for the Community Development Department, Code Compliance Division, with a not-to-exceed amount of $400,000, bringing the total not-to-exceed amount to $1,000,000 for Gray Construction & Securement Services, Inc. for Securement Services; 2) ratifying all prior supplemental agreements previously issued by the City Manager and resetting the City Manager’s authority to issue supplemental agreements accordance with Chapter 3.56 of the City Code.
Contact: Peter Lemos, Chief of Code and Housing, (916) 808-8183; Monica Duncan, Administrative Analyst, (916) 808-8025; Community Development Department Presenter: None
Attachments:
1-Description/Analysis
2-Supplemental Contract PRC001554-1- Gray Construction Securement Services Description/Analysis
Issue Detail: The Code Compliance Division of the Community Development Department (CDD) has an ongoing need for securement services in order to provide services as specified in Title 8, the Health and Safety Code for the City of Sacramento. This service becomes necessary when a property is not in compliance with City Code, and public safety requires the property to be secured until remediation of the violation(s) is attained. Securements prevent possible entry through breached openings to a structure and help prevent the property from being an attractive nuisance and a potential threat to public safety.
Based on past activity and the increasing need for securement services, it is recommended that the
File ID: 2024-01403 9/17/2024 Consent Item 9.
three-year contract with Gray Construction be extended for two additional one-year terms, for a maximum five-year term. In addition, CDD shall increase the “Not to Exceed” amount by $400,000, allocating $200,000 for each one-year term.
Policy Considerations: The recommendations in this report are in accordance with the provisions of City Code Section 3.56 regarding the purchase of supplies and non-professional services.
Additionally, City Council approval is required for contracts of $250,000 or more.
The Sacramento City Code Section 4.04.020 and the City 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 City Council action. This item was published for 10-day review on September 6, 2024, incompliance with the City Code.
Economic Impacts: None.
Environmental Considerations: None.
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: Securement services for the City becomes necessary when a property is not in compliance with City Code and public safety requires the property to be secured until a solution for the violation(s) is attained. It is critical that this service be continued to address the nuisances and unsafe conditions created when properties are not in compliance with building codes and standards as well as other related laws. Staff requests the approval of City Council for a supplemental agreement with Gray Construction to increase contracts funds by $400,000 and extend the time of performance through September 30, 2026.
Financial Considerations: There is sufficient funding available in the CDD operating budget to support the projected expenditures for Fiscal Year 2024-2025. Projected expenditures for FY 25/26 will be based on available funding. This supplemental agreement will extend the current three-year contract by two additional one-year terms, increasing the contract amount by $400,000, allocating $200,000 for each one-year term, bringing the total not-to-exceed amount to $1,000,000. Any contract balance funds may be used for the additional optional year provided that there are sufficient budgetary resources available in the subsequent fiscal years.
Local Business Enterprise (LBE): Gray Construction is LBE.
SUPPLEMENTAL CONTRACT
Project Title and Job Number:
Purchase Order #:
Securement Services for Housing and Dangerous Buildings Division Date: 8/7/2024 Supplemental Contract No.: I
The City of Sacramento ("City") and Gray Construction & Securement Services, Inc. ("Contractor"), as parties to that certain Non-ProfessionalServicesAgreementdesignatedasContractNumber PRCOO1554 includinganyandallpriorsupplemental 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 Community Development Department (CDD) shall extend the time of performance two additional one-year terms, for a maximum five-year term. The new contract expiration date is 9/30/2026. In addition, CDD shall increase the "Not to Exceed" amount by S400,000, allocating S200,000 for each one-year term.
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 400 000 and the Contract's maximum not-to-exceed amount is amended as follows:
Agreement's original not-to-exceed amount:
Net change by previous supplemental contracts:
Not-to-exceed amount prior to this supplemental contract:
Increase/decrease by this supplemental contract:
New not-to exceed amount including all supplemental contracts:
S600,000
o
5600,000
!>400,000
51,000,000
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]
(Rev. 11-1-19)
(Rev. 11-1-19)
SUPPLEMENTAL CONTRACT
SIGNATURES
The parties have sigried this Contract, effective as of the day and year first stated above.
CONTRACTOR
Under penalty of perjtiry, I certify that the information provided here is correct.
Title: CEO
Additional Signature (if required):
Title:
CITY OF SACRANENTO
A Municipal Corporatjon
APPROVED AS TO FORM:
Signature: " -'- i' -
Tami Squires (Ay g 19, 2024 15:06 PDT)
Title: Sr. Deputy CityAttorney
Reviewed By:
Signature:
Title:
Approved By:
Signature:
Title:
Additional Signature (if required):
Title:
Attachment l to Exhibit A
SCOPE OF WORK
SERVICES:
Providing the emergency repairs and securement for private abandoned properties on an as- needed basis, requested by the Community Development Department, Code Enforcement Division. Contractorswill be on-call and used individually, in a rotation and on an as needed availability as conditions arise that exceed the on-call contractor's resources. Services will include:
1. All bids shall be based upon the scope of workas described in the Scope of Work(SOV\/).
2. All board-up cost shall include materials and labor, as described in attached "Board-Up Specifications."
It will be the Contractor's responsibility, without further diredion from the City, to meet all contrad requirements in this agreement. Specific site requirements, time periods and schedules will be specified foreach job required by the City.
1. GENERAL WORK REQUIREMENTS
1.01 The work to be performed comprises general board-up repair to dangerous buildings. Requirements vary by location depending upon the conditions present.
1.02 TheworktobeperformedshallbebyaGeneralContractor,IicensedbytheState of California with a B-I license, insured and bonded to do business in the City of Sacramento. Contractor shall have at least two (2) years actual experience in providing B-I contracting services for residential, commercial and/or governmental entities.
1.03 It is the Contractor's responsibility, without further direction from the Inspector (except as specified herein), to assure all work is being done per specifications.
1.04 TheContractorwillberequiredtohaveatwentyfour(24)houremergencyphone number where he/she can be reached with no more than a ten (10) minute delay in call back time. Once notified, contractor shall respond to an emergency within sixty (60) minutes.
1.05 Contractorshallhavefullytrainedandcompetentemployeeswhocanusepower equipment safely.
1.06 Contractor shall be aware of and shall comply with all City, State, and Federal regulations governing repair work as applicable to individual locations being repaired.
1.07 The Contractor shall be responsible for maintaining local property access and access to existing public cross-streets within the limits of this contract.
1.08 TheContractorshallberesponsibleforthesafetyoftraffic,andwithintheprojed limits and on the approaches to the project. Contractor shall comply with Chapter 12.20 of the Sacramento City Code CLOSURE OF PRIMARY STREETS FOR CONSTRUCTIONrelatingtoconstructionandotherworkonCitystreets. Useofadvanoe warning signs is mandatory during all maintenance activities.
1.09 The Contractor shall provide 24-hour advance notification to the occupants of propertytowhichtheexistingaccesswill beclosedforaperiodoftimeexceeding2hours.
Notification may be verbal to the occupant of the property or by written notice placed on or near the building entrance or the property access point to be closed.
1.10 Should lane closures be necessary during the term of this agreement and within the normal required maintenance activities, Contractor will obtain the necessary permits and equipment at no additional charge to the City. Lane closure shall not be allowed without the proper use of advance warning devices, signs and flag person(s) in conformancetotheseprovisions. Atthecompletionofeachworkingday,allexistinglanes of traffic shall be open to traffic. Provisions must be made for the uninterrupted passage ofemergencyvehiclesthroughtheworksiteatall times, regardlessofthecontrolledtraffic conditions existing at that time.
1.11 The Contractor shall do all traffic lane closure work and advance warning sign placement accordingtothe guidelinessetforth intheWorkAreaTrafficControl Handbook (W.A.T.C.H.) as specified herein and at no additional costto the City.
1.12 Contact the Traffic Engineering Services Division at (916) 808-5307 for the following information:
a. Approval of lane closure maps
b. Lane closure permits
c. Copies of City Ordinance 2004-004
d. ToobtainacopyoftheW.A.T.C.H.Handbook
DESCRIPTION OF WORK
Including but not limited to:
2.01 Board-up: Plywoodcover-upofallopeningssuchasdoors,windows,fireopenings tosecuretheproperty. (Allboard-upshallbeinstalledasperattachedspecificationslisted in section C).
2.02 Roof coverings: Plastic and tarp cover-up of roof and the ceiling openings to prevent inclement weather damage.
2.03 Electricalrestoration: Identifyhazardouscircuitsandrestorepowerwhenandas required.
2.04 Plumbing restoration: Including the capping of broken water lines, sprinkler systems, sewage and gas lines.
2.05 Debris Removal: The cleanup of debris as required, and the removal of debris from adjacent properties, streets and sidewalks.
SITES TO BE MAINT AINED
3.01 ThesitestoberepairedorboardedundertheprovisionsofthisAgreementwillbe examined by the Contractor prior to submitting a bid. The Contractor will be initially acceptingeachprojectintheirpresentphysicalcondition. lnaddition,nofurtherdemands may bemade bytheContractorforadditionalservicefeesduetothelackofunderstanding concerning the specifications and scope of work described herein.
3.02 The Contractor shall take adequate measures to ensure that their operations do not harm any existing underground facilities. The toll-free number for Underground Service Alert (U.S.A.) is (800) 227-2600. The Contractor is required to call this number two working days in advance of performing excavation work.
UNSCHEDULED/EXTRA WORK
4.01 The Inspector may authorize the Contractor to perform additional work, including but not limited to, repairs and replacements when the need for such work arises. Should such repairs or replacements be necessary as a result of Contractor's negligenoe, Contractor will be responsible for completing such repairs or replacing damaged property at no additional cost to the City.
4.02 Contractormaynotchangethescopeofworktodounscheduled/extraworkunk,ss authorized by the Inspector.
4.03 Priortoperforminganyadditionalwork,theContractorshallgiveaverbalorwritten estimateoflaborandmaterialstothelnspector. Noworkshallcommencewithoutaverbal or written estimate. Within 48 hours of verbal or written authorization from Inspector, Contractor shall submit a written estimate. Should a lane closure be required for unscheduled work, cost of permit and equipment shall be detailed in the estimate. No percentage mark-up shall be added to equipment rental fees.
Notwithstanding the above authorization, when a condition exists wherein there is an immediate hazard or imminent danger of injury to the public or damage to property, the Inspector may verbally authorize the work to be performed upon receiving a verbal estimate fromthe Contractor.
4.03A11 additional work shall commence on the specified date established and Contractor shall proceed diligently to complete said work within the time allotted.
FAILURE TO PERFORM
FailuretoperforminaccordancewiththeSOW, orwithinthetimeframesdetailedwill resutt in a "Cure Notice." The City representative will provide the Contractorwith a written "Cure Notice" notifying the Contractorthat he has 24-hours to "cure" or rectify the situation. The City has the right to bring in another Contractor to complete work in accordance with the SoW, and charges associated with the reprocurement will be assigned to the Contractor.
Receipt of two (2) "Cure Notices" within any 90 day period may result in the contract being terminated and any contract reprocurement costs may be charged to the contractor.
DAMAGE CAUSED BY THE CONTRACTOR
Any damage to either public or private property which was caused by the Contractor shall be repaired or replaced at the Contractor's expense and to the City's satisfaction.
Damages may be the result of, but not limited to: Power equipment damage to trees, shrubs, turf, and sprinklers.
Minor damage to trees such as bark loss from impact of mowing equipment shall be checked by the City Inspector. If in the Inspector's judgment the damage is such that it will stunt or weaken growth, the tree shall be removed and replaced at the Contractor's expense to comply with the specific instructions of the inspector.
Minor damage to shrubs may be corrected by appropriate pruning. Major damage shall be corrected by removal of the damaged shrub and replacement to comply with the specific instructions of the inspector.
EMERGENCY AND COMPLAINTS RESPONSE
7.01 V\/henever,intheCity'sopinion,immediateactionisrequiredtopreventimpending injury, death or damage to private or City property being maintained under this contract, the City will, at its discretion attempt to contact the Contractor to affect the necessary repairs or board-up. Should the Contractor be unreachable, as specified in Item 1.04 of this agreement, the City may cause such action to be taken by the City work force and/or other contractors, and shall charge the cost thereof to the Contractor, or may deduct sudr cost from an amount due Contractor. If the Contractor is unable to respond to the emergency after being contacted within the time frame specified in Item 1.04, the City reserves the right to effed such repairs itself or with another contractor. Should it also be determined that the necessary repairs were due to the Contractor's lack of performanoe under the terms and conditions of this contract or through Contractor's negligence, the Contractor may be liable for all charges to effect such repairs.
7.02 All work shall be completed as soon as possible after notification; but in all cases within the required timetable as specified by the Inspector. If any work is not completed within the required timetable, the Inspectorshall be notified immediately of the reason for not completing the work, followed by a written report within five (5) days. If the work is not completed within the time specified and to the satisfaction of the Inspector, the total cost for eliminating the problem or completing necessary repairs will be deducted from the payments owing to the Contractor from the City.
SAFETY
8.01 Contractoragreestoacceptthesoleresponsibilityforcomplyingatalltimeswith local, County, State or other legal requirements including but not limited to full complianoe with the terms of the applicable O.S.H.A. and CAL O.S.H.A. Safety Orders, Chapter 12.20 of the Sacramento City Code CLOSURE OF PRIMARY STREETS FOR CONSTRUCTION and State traffic regulations for lane closures, so as to protect all persons, including employees from foreseeable injury, or damage to property.
8.02 ItshallbetheContractor'sresponsibilitytoinspectandidentifyanyconditionsthat render any portion of the construction area unsafe, as well as any unsafe practices occurring thereon. Contractor shall cooperate fully with City in the investigation of any accidental injury or death occurring in the maintenance area, including a complete written report thereof to the Inspectorwithin five (5) days following the occurrence.
8.03 Contractor shall check concrete areas, sidewalks, curbs, brick and retaining walls, etc. for cracks, crevices, graffiti and deterioration and shall report any deterioration or graffiti to lnspectorimmediately.
8.04 It shall be the Contractor's responsibility to supply all safety equipment and to educate their employees in the rules of safety. Safety vests are to be worn at all times while working on City property.
CONTRACTOR'S ST AFF
9.01 TheContractorshallprovidesufficientpersonneltoperformallworkinaccordanoe with the specifications set forth herein. All of the Contractor's personnel shall be supervised by a qualified supervisor in the employ of the Contractor.
9.02 Supervision-Contractorshallprovideacompetentsupervisorduringalltimesthat work is being performed with the authority to represent and act for the Contractor in any matter pertaining to this contract. Contractor shall furnish the names of all such supervisors to the Inspector prior to the commencement of a contract and further advise of any changes. Contractor's supervisor will be able to communicate verbally, in writing and in English, with the Inspector or City.
9.03 DismissalofUnsatisfactoryEmployees-Contractorshallonlyfurnishworkerswho arecompetentandskilledforworkunderthiscontract. If,intheopinionofthelnspedor, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the contract specifications, threatens or uses abusive language, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. Contractorshallmeetwiththelnspectortoconsidertheappropriatecourseof action with respect to such matters and Contractor shall take reasonable measures under the circumstances to assure the Inspector that the conduct and action of Contractor's employees will not be detrimental to the interest of the City of Sacramento and/or premlSeS.
9.04 TheContractorshallrequireeachofitsemployeestowearthepropershoesand other gear required by State Safety Regulations. If the Contractor's employees wear uniformswithbuttons,theunifomismustbebuttonedatalltimes. Noadvertisementsor logos otherthan the Contractor's shall be on employee's uniforms. Contractor's employees shall be clean in appearance at the start of each workday.
9.05 Contractor vehicles shall be in good condition and shall have the company name and phone number clearly visible to the public at all times.
10. SIGNS/IMPROVEMENTS
10.01 Contractorshallnotpostsignsoradvertisingmaterialuponthesitepremises unless prior approval is obtained from the Inspector.
10.02 Contractorwillremovealladvertisementsandelectionsignsfromtheworksite, including from utility poles and trees, each time site is serviced.
11. INTERFERENCE WITH PUBLIC USE
Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offerthe least possible obstruction and inconvenience to the public or disruption to the peace and quiet of the areawithin which the services are performed.
12. HOURS AND DAYS OF SERVICE
Contractor shall be on-call to perform the required maintenance services 24 hours a day, seven days a week.
13. PAYMENT AND INVOICING
Parcels shall be inspected by the Community Development Department and shall only be certified for payment if the inspection establishes that the work is satisfactorily completed according to these specifications.
Invoices, including all back-up documentation, will be mailed to:
Attn: apinvoices(Ecityofsacramento.orq
Each invoice shall include the following information:
i. Parcel Number or address of the property secured; ii. Datethesecurementwasperformed;
iii. Type of work performed, and any additional fees for non-business hours; iv. WrittenEstimateofServices,referenceParagraph5,signedoffbytheCity representative.
Failure to provide back-up documentation along with the invoice to the designated point- of-contact, reference Paragraph 1 3(a), will resultin late payment to the Contractor orif not provided in a reasonable amount of time, a non-payment as determined by the City.
C: BOARD-UPSPECIFICATION
A3/i" exteriorplywoodouterdoorshallbefittedtothefrontentrydoorcasingwithamaximum1/8"clearanoe on all sides. The plywood door shall be double hinged and installed with double hasp locks. Hinges am hasp locks are to be heavy duty type fastened with 5/16" diameter lag bolt(s) or 5/16" diameter carriage bolt(s). Lag bolts are to be pre-drilled and have 2" minimum lag into solid Framing members. Carriage botts are to have solid backing so as to prevent withdraw, are to be fastened with cut washer and nylon lock hex nut. A minimum of two fasteners are to be installed on the jamb side of each hinge and a minimum of two fasteners are to be installed on the plywood door side of each hinge. A minimum of one fastener is to be installed onthejambsideofeachhasplockandaminimumofonefasteneristobeinstalledontheplyvood doorsideoTeachhasplock. Theinstallationshallbesuchthatallexposedboltorscrewheadscannotbe removed (i.e. flatten screwshank, peen threads ordouble nuts). All hardware is to be galvanized, zinc coated orweather resistant exterior grade. The installation should be non-interfering with the property's front entry (which shall remain) and should open and close freely without obstruction.
MINIMUM SPECIFICATION TO SECURE PROPERTY
'l Allwindowsanddoors,exceptthefrontdoor,throughwhichaccesstotheinteriorofthedwelling ismade,shallbesecured. Allwindowboardswillbefittoscreeninsetmoldingstop. a.) Unbroken windows shall not be broken. If boards need to be secured using screws, they shall be of the security type. Securement shall be made with the least amount of damage to windows and/orframes.
2 Plywood to be painted a neutral color.
3 Ventholestobecutinandscreedover.
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i.2 ;11013 /" 38 " min carriage bolt mated with nin and wo flat By;71_ s*oct.shers asshowati in theside qyieys', ksher to be qf sz4fficientsi:e yofiil/y accep/sqyu:ire portion qf /To// benetzth the liead, .Bo// and intffiyi,g hat*siare inay be galvatii=ed or ctidmium plated.
4 Minimum % inch plywood (3/4 inch for doors) or approved material shall be cut to fit openings and be applied in a neat and workman-like fashion (Section 15.52.030, Sacramento City Code), and shallbepaintedinacolorsimilartothemainstructure. (Section8.04.100(E)and(K),Sacramento City Code).
5 The land surrounding the building shall be kept free from junk, trash, debris, and high grass or weeds as may be necessary to avoid fire hazard at all times during which the building is vacant (Section 8.04.100 (A) and (I), Sacramento City Code).
Property maintenance of all the above requirements must be maintained until the building is occupied and removed from the property.
Attachment l to Exhibit B
BID N0. 821211311003
8ECTlONIll-BIDDERRE8PO#48EDOCUMiENT8
G. PRICING8CHEDULE
Inoompliancewith theComractDocuments,the undersigned heteby pmposestofurriish allquhd kbor, matermls,supervision, transportation, equipmerd, services, taxes and mcidentals requ for:
On-CallBuildhlgSeguiauciitSav!cC3
h the City and County of Sacramettto, Californm, in accordance with the terms and conditions specified herein:
Hour§ rates shall be the imal hou$ charge for wo* requiid by the Cly. Such rate wfll bcbde as a minimum, anwages, paymll taxes, frhige benefits, mstuance, bonds, took, tmnsportatkin, overhead and pmfit, pmfessional andgeneraladm'iriistrativeexpenses.
Note:InolusionsandexckisionstothebMkemsarenotallowed. Anymodffleatintothebiditemssha)ideemthe Pmposal nonresponsive.
1. An bidsshall bebaseduponthescope ofwork asdescribed itheTechnical Specifications.
2. The bwest responsibb bidder shall bedetemiined bythetotalofthe securement mrvices prices {total A) andtotaihourlyrates(sumofhourlyratesfrmncoiumnB&C)
3. AB board-up cost shall kiclude materkls and)abor, asdesc*ed itheTechl Specifications 03oard upSpeeiftations),
4. The Wo* t to bedone u strict conformity w!th the Contract Documettts.
SF,CTTRF,MF,NT SF,RVT(TF,S PRTCF,BTn
$IZEOFOPENING p!AT UNIT PR €CE
Sma11window0essthsn 8 sq.ff)
Mediumwmdow(8-16sq ft)
largew"ndow(17-32 sqft)
Glider(over32 sq ft) EA 5 l' €S.oo
Wheretheneis no primary
Doorlirmllseouritydoorwithpadkx* EA $ tlO.OD
Pege29of3l Pages
BID N0. 821211311003
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a-cua'rz'ras
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$25.C)C)
(c)$ :)SO,oo
TOTALBIDjWOlJNT(Totalo'rsumslineaybande} * 105:5tOO