REPORT TO COUNCIL
SUBJECT
Title
Award Contract to Western Water Constructors, Inc. in the Amount of $2,317,000 for Water Pollution Control Plant (WPCP) Digester No. 3 Improvement Project and Finding of California Environmental Quality Act (CEQA) Categorical Exemption Pursuant to CEQA Guidelines Section 15301(b) (PW26-05)
Report
STAFF RECOMMENDATION
Recommendation
Take the following actions:
- Award a contract in substantially the same form as Attachment 2 to the report in the amount of $2,317,000 to Western Water Constructors, Inc. of Santa Rosa, CA;
- Make a finding of categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(b);
- Authorize the City Manager to execute the contract when all necessary conditions have been met; and
- Approve a 10% contingency in the amount of $231,700.
Report
BASIS FOR RECOMMENDATION
The WPCP Digester No.3 Improvement project will repair the failed interior and exterior tank lid seal. This seal prevents methane gas collected at the top of the tank from leaking into the atmosphere. To extend the life of the epoxy seal, the tank lid skirt, which extends into the tank, will be lengthened to prevent exposure to methane gas. In addition, a new, larger side hatch will be installed, similar to Digesters 1 and 2. Removing the tank lid will facilitate the installation of the hatch. The larger hatch will facilitate safer entries into the tank by plant staff and contractors. This digester is currently operating under a very constrained operating level due to the failed seal.
The WPCP Digester No.3 Improvement Project (Project No. UY-24-10) was advertised on PlanetBids on October 3, 2025. Thirty (30) contractors requested bid documents. Sealed bids were opened on October 29, 2025, with two (2) responsive bids received. Western Water Constructors, Inc. submitted the lowest responsive and responsible bid of $2,317,000 (Attachment 1 - Bids Summary).
ENVIRONMENTAL REVIEW
This project is exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(b) which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services, involving negligible or no expansion of existing or former use.
FISCAL IMPACT
Budgeted funds are allocated in Fund 6080 - Wastewater Management under Project 836380 - WPCP Digester No. 3 Improvement Project. A project budget summary is included as Attachment 3 to the 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 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.
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
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
_X_ 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.
Staff
Prepared by: David Battaglia, Purchasing Officer
Reviewed by: Matthew Paulin, Director of Finance
Reviewed by: Chip Taylor, Director of Public Works
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Bid Summary
2. Draft General Construction Contract
3. Project Summary Sheet 836380