REPORT TO COUNCIL
SUBJECT
Title
Award of Contract to Brannon Corporation in the Amount of $1,391,426 for the Water Pollution Control Plant (WPCP) Oxidation Pond Levee Rehabilitation Project and Finding of Class 1 Exemption Under the California Environmental Quality Act (CEQA) Categorical Exemption
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 $1,391,426 to Brannon Corporation of Morgan Hill, CA;
- Make a finding of categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(d);
- Authorize the City Manager to execute the contract when all necessary conditions have been met; and
- Approve a 10% contingency in the amount of $139,143.
Report
BASIS FOR RECOMMENDATION
The WPCP Oxidation Pond Levee Rehabilitation Project (UY-24-09) was advertised on PlanetBids on April 29, 2026. Fifteen (15) prospective bidders requested bid documents. Sealed bids were opened on May 6, 2026, with three (3) bids received. Brannon Corporation submitted the lowest responsive and responsible bid of $1,391,426 (Attachment 1 - Bid Summary).
The oxidation ponds by the WPCP are contained by approximately eight miles of earthen levees formed by clamshell dredging and compaction. These levees form the containment, flow paths, and pumping structures of the WPCP Secondary Treatment Process. The levee roads provide public access to the lower south bay slough systems while preventing the Bay and stormwater from entering the WPCP Secondary Treatment process. The WPCP levee system has not had any significant rehabilitation since the ponds were commissioned in the late 1960's.
This project intends to rehabilitate and repair various deficiencies along the eastern interior levee of the Oxidation East Pond. The improvements to rehabilitate the interior levee include, but are not limited to, widening access roads, raising the levee height, raising subsided sections of the levee, repairing breaches and cracks, reinforcing/stabilizing slopes, removing overgrown vegetation, and installing permanent erosion control measures for exposed slopes.
ENVIRONMENTAL REVIEW
This project is exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(d), which applies to restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood.
FISCAL IMPACT
Budgeted funds for the project are available in Fund 6080 - Wastewater Management under Project 831730 - WPCP Oxidation Pond Levee Rehabilitation. The project budget financial summary is provided as Attachment 3 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 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: Ramana Chinnakotla, Interim 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 831730