CC 10-10-2023 Item No. 10. Attachment D - Corrected Staff Report
CITY COUNCIL STAFF REPORT
Meeting: October 10, 2023
Subject
Stevens Creek Boulevard/Calabazas Creek Storm Drain Repair Emergency Work
Declaration, and authorization for the City Manager to negotiate and execute contract(s)
for the repair work.
Recommended Action
1. Adopt Resolution No. 23‐XXX declaring the repairs necessary to restore Stevens
Creek Storm Drain as Emergency Work, per City of Cupertino Municipal Code
(CMC) Section 3.23.130 C and Public Contract Code Section 22050;
2. Adopt Resolution No. 23‐XXX approving budget modification #2324‐306,
approving a transfer out appropriation of $460,000 from the Capital Reserve
Fund (429), a transfer in revenue and increased appropriations of $460,000 to the
project (budget unit 420‐99‐266), for a total authorized project expenditure of
$880,000; and
3. Authorize the City Manager to negotiate and execute a construction contract to
perform the repairs, without a public bidding process, for an amount (CIP
Project number 2024‐01) not to exceed the project’s approved funding level of
$880,000.
Reasons for Recommendation
In mid‐2022 the Public Works Department became aware of a storm drain pipe along
Stevens Creek Boulevard, just west of Finch Avenue, that needed repair. A Capital
Improvement Program (CIP) project was initiated for Fiscal Year (FY) 2023‐24 to
rehabilitate the storm drain line. The “Stevens Creek Boulevard/Calabazas Creek Storm
Drain Repair” project was approved and funded by City Council as part of the FY 2023‐
24 City Budget, for $420,000 (budget unit 420‐99‐266, NWS#SD 007, CIP Project number
2024‐01).
The CIP division recently commenced the initial investigation for the project which led
to the discovery that the storm drain pipe had experienced significant deterioration since
the original observation and is currently in a failed condition, with significant
undermining of the roadway.
Public Works closed two lanes of traffic along East‐bound Stevens Creek Boulevard to
ensure public safety. (Attachment B ‐ Stevens Creek Boulevard‐Calabazas Creek SD
Work Area Exhibit.) The City Engineer deemed this section of roadway a clear and
imminent danger, requiring immediate action to prevent or mitigate the loss of essential
public services to the residents and businesses. Further action is necessary to correct the
emergency condition and to prevent further damage to public infrastructure.
As Stevens Creek Boulevard is a major arterial street serving residents, local businesses,
and schools, the Public Works Department is eager to ensure that the road re‐opens fully
and that the storm drain pipe is repaired as quickly as possible. To ensure a prompt
response to the emergency, Public Works staff recommends that the City Council
authorize the Public Works Department to forego the competitive bid requirements
pursuant to its authority under the CMC Section 3.23.130 C. and the Public Contract
Code Section 22050. Staff will use available information on project costs to ensure that
pricing of the work is as competitive as possible.
The CMC, Chapter 3, regarding Public Works contract and bidding procedures, includes
the provision that the City Council may delegate to the City Manager, through a
resolution passed by a four‐fifths vote, the authority to cause the repair of a public
facility and to take any immediate action required by an emergency, without formal
bidding.
Declaring the storm drain repairs as Emergency Work and authorizing the City Manager
to negotiate and execute a contract through a non‐competitive bidding process will
permit the Public Works Department to streamline the construction of the repairs.
California Public Contract Code § 22050 (C) requires that the City Council, by four‐fifths
vote, approve and then review this emergency action at every regularly scheduled
meeting thereafter to confirm that there is need to continue the action.
Sustainability Impact
Maintaining the storm drain system allows for proper storm drain run‐off management.
Fiscal Impact
The Stevens Creek Boulevard/Calabazas Creek Storm Drain Repair project is funded
for $420,000. Due to the significant deterioration the storm drain pipe has experienced
since the initial observations, the repair work will exceed the current project budget.
Current estimates indicate the project costs could reach $880,000. This creates a
funding deficit of $460,000. The staff recommendation to increase the approved level
of project expenditure to $880,000, utilizing Capital Reserve Fund to bridge the deficit,
and authorize the City Manager to negotiate and execute contracts up to the full
amount of the proposed project funding will facilitate completion of the emergency
repairs in an expeditious manner, as required by the situation.
Current Fiscal Summary:
Current Funding Status Amount
Budgeted City Funds for Stevens Creek Storm
Drain Repair
$420,000
Remaining Budget $420,000
Projected Expenditures Amount
Investigation Work ($6,900)
Designer/Engineer Cost (estimated) ($33,100)
Construction Management Cost (estimated) ($60,000)
Construction Cost (estimated) ($780,000)
Expenditures (estimated) ($880,000)
Funding Deficit (addressed by the requested budget modification) ($460,000)
California Environmental Quality Act (CEQA)
This project is exempt from the CEQA under CEQA Guideline section 15301
(maintenance of existing facilities).
_____________________________________
Prepared by: Susan Michael, Capital Improvement Programs Manager
Reviewed by: Chad Mosley, Director of Public Works
Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:
A – Draft Resolution – Emergency Declaration
B – Stevens Creek Boulevard‐Calabazas Creek SD Work Area Exhibit
C – Draft Resolution – Budget Modification