REPORT TO COUNCIL
SUBJECT
Title
Award of Contract to Silicon Valley Paving, Inc. in the Amount of $389,760 for Park Tennis Court Reconstruction at Sunnyvale Middle School, Approval of a 10% Contingency in the Amount of $38,976 and Finding of California Environmental Quality Act (CEQA) Categorical Exemption pursuant to CEQA Guidelines Sections 15301, 15302, 15304 (PW25-01)
Report
EXISTING POLICY
Pursuant to Section 2.09.040 of the Sunnyvale Municipal Code, City Council approval is required for awards of public works contracts exceeding $250,000.
ENVIRONMENTAL REVIEW
The proposed project is exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, which applies to the operation, repairs, maintenance, or minor alterations of existing public and private structures or facilities, involving negligible or no expansion of existing use(s); CEQA Guidelines Section 15302, which applies of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced; and CEQA Guidelines Section 15304, which exempts minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees.
BACKGROUND AND DISCUSSION
The City owns and operates six tennis courts at Sunnyvale Middle School. Based on historical data, usage and current surveys, major reconstruction and repair for each court is required approximately every 30 years. This consists of milling of asphalt, asphalt overlay, court resurfacing, and installation of new tennis court nets, posts, fences, and benches.
The City listed an Invitation For Bids (IFB) for construction work on Demandstar, Bay Area News Group, Builders Exchange of Santa Clara County, Bay Area Builders Exchange, Builder Exchange of Stockton, Placer County Builders Exchange, Central Coast Builders Exchange, and twelve separately invited proposers on March 7, 2025. Twenty-one contractors requested bid documents. Sealed bids were opened on March 20, 2025, with five responsive and responsible bids received. The lowest responsive and responsible bid was submitted by Silicon Valley Paving, Inc in the amount of $389,760, as detailed in the bid summary (Attachment 1).
Staff recommends awarding the project to Silicon Valley Paving, Inc. of San Jose, CA in the amount of $389,760.
FISCAL IMPACT
Sufficient budget for tennis court renovation is available in Fund 2100 - Park Dedication Fund under Project 820240 - Park Tennis/Basketball Court Reconstruction. A project budget summary is included 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.
RECOMMENDATION
Recommendation
Take the following actions:
- Award a contract in substantially the same form as Attachment 2 to the report in the amount of $389,760 to Silicon Valley Paving, Inc.;
- Approve a 10% contingency in the amount of $38,976;
- Make a finding of categorical exemption from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301, 150302, 15304; and
- Authorize the City Manager or designee to execute the agreement when all conditions are met.
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 Budget Summary Sheet