REPORT TO COUNCIL
SUBJECT
Title
Award of Contract in the Amount of $1,956,985.75 to O’Grady Paving, Inc. for Pavement Rehabilitation 2024-SB1 (PW24-12) and Finding of California Environmental Quality Act (CEQA) Categorical Exemption Pursuant to CEQA Guidelines Section 15301(c)
Report
STAFF RECOMMENDATION
Recommendation
Take the following actions:
- Award a contract in substantially the same form as Attachment 3 to the report in the amount of $1,956,985.75 to O’Grady Paving, Inc. of Mountain View, CA;
- Approve a 10% construction contingency in the amount of $195,699;
- Authorize the City Manager to execute the contract when all necessary conditions have been met; and
- Make a finding of a categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c).
Report
BASIS FOR RECOMMENDATION
The Pavement Rehabilitation 2024 - SB1 Project (Project No. ST-23-01) will rehabilitate the asphalt pavement on portions of six City streets. The top layer of old pavement will be removed, and new pavement will be installed. The project locations are along portions of Dunford Way, Cascade Drive, Morse Avenue, Persian Drive, San Patricio Avenue and Wright Avenue (Attachment 1- List of Streets). The project was advertised on DemandStar on April 19, 2024. Nineteen (19) contractors requested bid documents. Sealed bids were opened on May 15, with three (3) responsive bids received. O’Grady Paving, Inc. submitted the lowest responsive and responsible bid in the amount of $1,956,985.75 (Attachment 2 - Bid Summary).
ENVIRONMENTAL REVIEW
This project is exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(c), which applies to repairs, maintenance or minor alterations of existing streets, sidewalks and pedestrian trails and similar facilities, involving negligible or no expansion of the existing or former use thereof.
FISCAL IMPACT
Budgeted funding is available in Project 825290 - Pavement Rehabilitation, Project 831680 - Adjust Sewer Utilities in Support of Paving Projects, and Project 831550 - Adjust Water Utilities in Support of Paving Projects. The project budget financial summaries are included as Attachment 4 to this report.
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 NOVA Workforce Services 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.
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 $250 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 <http://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html>
A check or “Y” 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
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
_X_ Competitively bid contract
___ Labor or personal employment contract
___ General policy and legislative actions
Staff
Prepared by: David Battaglia, Purchasing Officer
Reviewed by: Tim Kirby, Director of Finance
Reviewed by: Chip Taylor, Director of Public Works
Reviewed by: Jaqui Guzmán, Deputy City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. List of Streets
2. Bid Summary
3. Draft General Construction Contract
4. Project Budget Summary Sheets