CC 05-02-2023 Item No. 10. Concrete Reconstruction Project_Supplemental Report
CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: May 2, 2023
Agenda Item # 10 – Consider Award of a construction contract for the 2023
Concrete Reconstruction Project
Subject
Consider award of a construction contract for the 2023 Concrete Reconstruction
Project (Project No. 2023‐104) for the reconstruction of curbs, gutters, sidewalks and
Americans with Disabilities Act (ADA) ramps at various locations throughout the
City of Cupertino.
Recommended Action
1. Award a construction contract for the 2023 Concrete Reconstruction Project and
authorize the City Manager to execute a contract in the amount of $1,378,793.40 with
R&S Construction Management, Inc.; and
2. Authorize the Director of Public Works to execute any necessary change orders up
to a construction contingency amount of $137,879.00 (10%) for a total authorized
contract amount of $1,516,672.40.
Background:
Staff responses to questions received from council members are shown in italics.
Q1 (Chao): Given that the city might be facing a loss of revenue of $30M and may
even have to pay back some tax revenue received in past years... I would like to know
why we are awarding $1.5M for a non‐essential project at this point?
The staff report states ʺthe removal and replacement of uplifted City owned
sidewalks, curbs and gutters which can lead to pedestrian trip hazards or impede the
flow of storm waterʺ => This portion is essential.
The report also states ʺThe project also provides for installation and/or replacement of
pedestrian curb ramps to meet ADA requirements.ʺ This portion is not essential.
Have we considered possibly reducing the scope of the work to save money?
Staff Response: The project is fully funded in the FY22‐23 budget and consists of work that
mitigates pedestrian trip hazards, stormwater flow issues, and accessibility improvements. The
City is required by law to install new ADA ramps or bring existing ADA ramps into
compliance when a street is repaved or micro‐surfaced. ADA ramps can be considered
essential as they are necessary in order to provide disabled access to pedestrian facilities. The
portion of the contract dedicated to ADA improvements is approximately $255,500. The
remaining budget addresses access issues such as the aforementioned pedestrian trip hazards
and stormwater flow line corrections.
Q2 (Chao): The staff report states ʺAward of this project will result in a fiscal impact
up to $1,516,672.40. Sufficient funds of $1,636,087.90 are budgeted in 270‐85‐820 750
020 (Special Projects ‐Annual Sidewalk Curb and Gutter).ʺ
So, is this one of the budgeted ʺSpecial Projectsʺ? Is it not one of the projects in the
CIP list?
Staff Response: This project is not included in the Capital Improvement Program (CIP).
Account 270‐85‐920 750 020 is a special project account for concrete work that consists of
repair, maintenance, and improvement of concrete assets. It typically includes two annual
projects. One project for reconstruction of existing assets, and the other for remediation or
repair of concrete assets that don’t rise to the level of full reconstruction. The purpose of this
project is to reconstruct and improve existing concrete assets and is funded by the
Transportation Fund (fund 270). The Transportation Fund is appropriated exclusively for
street and road purposes including related engineering and administrative expenditures.
Q3 (Chao): What other ʺSpecial Projectsʺ are there and still not complete? What are
their budgeted amounts?
Staff Response: There are a number of Special Projects unrelated to this agenda item that are
in progress. The appropriate time to discuss special projects is with the annual budget. The
only other “Special Project” in account 270‐85‐920 750 020 is the 2023 Sidewalk Repair
Project. The project includes remediation and repair of concrete assets that don’t rise to the
level of full reconstruction, such as saw cutting of concrete sidewalk uplifts. This is an annual
project typically budgeted at around $120,000. This second special project will be released for
bid later this year.