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5 DATE: May 6, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Andrew Brozyna, Public Works Director
Zaheed Danish, Public Works Maintenance Manager
Greg Baeza, Public Works Superintendent
DEPARTMENT: Public Works
SUBJECT: CONTRACT CHANGE ORDER NO.ONE TO THE AGREEMENT
WITH SPENCON CONSTRUCTION INC. FOR SIDEWALK
REPAIR AND REPLACEMENT
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to execute Contract Change Order No. One to the agreement with SpenCon Construction Inc. in the not-to-exceed amount of $400,000 for Sidewalk Repair and Replacement, and to extend the contract duration for an additional two year term, from July 1, 2024 to June 30, 2026.
EXECUTIVE SUMMARY
The City utilizes an on-call concrete contractor for the repair and replacement of sidewalks, curbs and gutters, installation of curb ramps, and other concrete work throughout the City. On May 16, 2022, City Council adopted Resolution No. 2022-48 authorizing an agreement with SpenCon Construction Inc. for the Sidewalk Repair and Replacement Program in an amount not to exceed $100,000 per year from July 1, 2022, through June 30, 2024, for a total not to exceed amount of $200,000.
Contract Change Order No. One (CCO No. 1) to the agreement with SpenCon Construction Inc. is to address work required to remediate hazardous sidewalk conditions, and address anticipated work resulting from the Americans with Disabilities
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5 Act (ADA) Transition Plan, in order to complete the work expeditiously and utilize the agreed upon rates in the existing contract. CCO No. 1 will provide for an additional two- year duration from July 1, 2024 to June 30, 2026 in an amount not to exceed $400,000.
BACKGROUND/ANALYSIS
The City’s Comprehensive Sidewalk Maintenance Program, which has been in effect since May 3, 2010, establishes guidelines for addressing all aspects of sidewalk repair in compliance with the provisions of the following governing documents:
•California Streets and Highways Code Sections 5600-5630 (the Code), which states that it is property owners’ responsibility to maintain the sidewalks located adjacent to their properties; and
•Foster City Municipal Code Chapter 11.08, which details property owners’ liabilities for injuries or damages suffered by members of the public using sidewalks that are not maintained.
The program consists of the following two City policies:
1. Public Sidewalk Maintenance Policy (City Resolution No. 2010-3, approved on January 4, 2010): Outlines the manner in which the City will repair and maintain sidewalks that are located adjacent to publicly owned properties, such as City buildings and parks. It addresses sidewalk repair elements such as inspection frequency, criteria for mitigation action, and determination of responsibility for repairs.
2. Private Sidewalk Maintenance Policy (City Resolution No. 2017-58, approved on July 17, 2017): Outlines the methods by which the City notifies private property owners of their responsibilities for maintaining sidewalks located adjacent to their properties, including notification and inspection, enforcement, and determination of whether the responsibilities for the repairs are public or private. If property owners do not complete the repairs within a specified timeframe, the City may perform the repairs and assess the costs of the repairs to the owners.
In addition to sidewalk maintenance, the City utilizes an on-call concrete contractor for the repair and replacement of curbs and gutters, installation of curb ramps, and other miscellaneous concrete work throughout the City on an on-going basis. The City has contracted for sidewalk maintenance and installation services for over 10 years. By bundling many locations together, contractors can effectively mobilize, the cost per square foot is more competitive, work can be completed with a speed and accuracy that minimizes the impact on residents, and City staff can be better utilized to focus on other maintenance issues.
On May 16, 2022, the City Council adopted Resolution No. 2022-48 authorizing an agreement with SpenCon Construction Inc. for the Sidewalk Repair and Replacement Program in an amount not to exceed $100,000 per year from July 1, 2022, through June 30, 2024, for a total not-to-exceed amount of $200,000. 6 2
5 On June 6, 2022, the City Council awarded a contract to Disability Access Consultants (DAC) for services to update the policies relating the ADA transition plan. As the ADA review and transition process nears completion, staff anticipates additional sidewalk and curb ramp mitigation work will be identified.
Staff recommends the approval of CCO No. 1 to extend the contract for an additional two-year duration from July 1, 2024 to June 30, 2026 in an amount not-to-exceed $400,000 in order to complete work required to remediate hazardous sidewalk conditions expeditiously and utilize the agreed upon unit prices in the existing contract.
The City owns and maintains curb ramps and sidewalks to specifications prescribed by the ADA, helping to ensure safety and accessibility and mitigating trip and fall risks.
Two locations with ramps that were out of compliance posed a potential hazard that required immediate improvement – Pitcairn Drive at Santa Catalina Lane and Shell Boulevard. Staff requested the contractor to complete this additional work associated with sidewalk repair and replacement in the amount of $42,790 over the previous contract amount.
Other necessary work has been identified, and staff recommends completing the work expeditiously to mitigate fall risk and maintain safe sidewalk conditions. The additional locations for repair are expected to cost approximately $40,000, and staff is working with SpenCon to schedule the work as soon as possible, pending City Council approval of CCO No. 1. Further, as the ADA transition planning nears completion, staff anticipates additional sidewalk and curb repair work to be identified to improve ADA accessibility, in addition to routine maintenance work.
Given the aging condition of the sidewalks in Foster City, the original not-to-exceed contract amount of $200,000 for two years, or $100,000 per year, has resulted in a strict prioritization of repair work. Increasing the not-to-exceed amount will allow repairs to be more expeditiously addressed. CCO No. 1 includes the $42,790 used to urgently repair hazardous curb ramps in FY 2023-2024, an anticipated additional $40,000 of work that has already been identified, and $317,210 in funds to address work that is expected to be identified as part of the ADA transition plan process, as well as repairs identified as part of the typical maintenance process. Extending the contract duration and adding additional funds to the contract will allow the work to be completed expeditiously and at the previously agreed upon unit prices.
CEQA
Exempt Per California Environmental Quality Act (CEQA) Guideline, Section 15061(b)(3)
FISCAL IMPACT
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5 Funding is available in Account No. 001-0930-431-4251 Public Works Street Expenses – Professional Services for FY 2023-2024 to cover $42,790 for the urgently completed curb repair as well as approximately $40,000 in additional identified repairs. Funds have been budgeted for subsequent fiscal years, subject to City Council approval.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
ATTACHMENTS:
Attachment 1 – Resolution
Attachment 2 – Contract Change Order No. 1
Attachment 3 – Agreement with SpenCon Construction Inc.