REPORT TO COUNCIL
SUBJECT
Title
Amend an Existing On-Call Services Agreement with JJR Construction, Inc. for On-Call Concrete Repair Services (F26-068)
Report
REPORT IN BRIEF
Approval is requested to amend the on-call services agreement with JJR Construction, Inc. of San Mateo in the amount of $500,000 for a new not-to-exceed amount of $750,000 for on-call concrete repair services.
EXISTING POLICY
Pursuant to Chapter 2.08 of the Sunnyvale Municipal Code, City Council approval is required for goods and/or services exceeding $250,000 in any one transaction.
ENVIRONMENTAL REVIEW
This project is exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c), which applies to the operation, repairs, maintenance, or minor alterations of existing streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities, involving negligible or no expansion of the existing or former use thereof.
BACKGROUND AND DISCUSSION
The City of Sunnyvale currently has a backlog of approximately 4,500 pending concrete repair locations, including sidewalks, driveway aprons, curbs, and gutters. Most of these locations have been identified through notifications from residents and staff field inspections. This backlog has identified numerous potential tripping hazards, many of which require temporary mitigation or permanent repair to ensure safe travel paths for pedestrians and vehicles.
To accelerate progress in reducing the backlog, the City, after a competitive bidding process, established two on-call contracts with qualified local contractors. These contracts provide staff with the flexibility to assign work as needed, prioritize the most urgent locations, and complete repairs more efficiently. They also serve as a pilot program, helping staff test and refine the best strategies for reducing the backlog in future years. Work includes replacing concrete within the public right-of-way, including sidewalks, driveway aprons, curbs, and gutters, and may also involve limited tree and stump removal where necessary to complete repairs.
This amendment is expected to address approximately 50-100 locations, depending on the extent and severity of each location. As part of this expanded scope, the contractor submitted updated unit pricing for key concrete infrastructure bid items, resulting in an estimated 20% cost savings compared to the original bid prices, which will allow more locations to be repaired.
FISCAL IMPACT
Budgeted funds are available under Project 829400 - Sidewalk, Curb and Gutter Replacement (Attachment 2). Funding sources for this project include the General Fund, and 2016 VTA Measure B funds.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Take the following actions:
- Approve the first amendment to the on-call services agreement with JJR Construction, Inc. in substantially the same form as Attachment 1 to the report to increase the contract amount by $500,000 for a new not to exceed total of $750,000;
- Authorize the City Manager to execute the amendment when all necessary conditions have been met; and
- Authorize the City Manager to amend the agreement for up to one (1) additional year, and to increase compensation subject to budget availability, need, and negotiated pricing.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
_X_ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder. Increases to a competitively bid contract are not exempt if more than 10% of the contract value or $50,000, whichever is less.
Staff
Prepared by: David Battaglia, Purchasing Officer
Reviewed by: Matthew Paulin, Director of Finance
Reviewed by: Chip Taylor, Director, Public Works
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Draft First Amendment to the On-Call Services Agreement with JJR Construction, Inc.
2. Project Budget Sheet 829400 - Sidewalk, Curb and Gutter Replacement