EREPORT TO COUNCIL
SUBJECT
Title
Award a Contract in the Amount of $396,438 to McNabb Construction, Inc. dba DK Environmental for On-Call Maintenance of Vegetation at the Water Pollution Control Plant Oxidation Ponds (F25-111)
Report
REPORT IN BRIEF
Approval is requested to award a contract in the amount of $396,438 for on-call maintenance of vegetation at the Water Pollution Control Plant (WPCP) oxidation ponds to McNabb Construction, Inc. dba DK Environmental of Lafayette, CA. Approval is also requested to authorize the City Manager to renew the contract for three additional one-year periods and to increase the compensation in future year renewals subject to budget availability and if service and pricing remain favorable to the City.
EXISTING POLICY
Pursuant to Section 2.08.040 (d) of the Sunnyvale Municipal Code (SMC), Council approval is required for the procurement of goods and/or services greater than $250,000 in any one transaction.
ENVIRONMENTAL REVIEW
This project is exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (d), for the maintenance and repair of existing public facilities involving negligible or no expansion of an existing use.
BACKGROUND AND DISCUSSION
There are approximately seven miles of unpaved levee access roads around the WPCP’s Oxidation Ponds and recirculation channels. The access roads have become overgrown with emergent vegetation which drifts into the ponds and channels, clogging pumping equipment and compromising the treatment process. Vegetation has also encroached on the levee crown, restricting staff access to certain areas. The City estimates that an initial four acres of vegetation will need to be physically removed to prepare additional areas for the ongoing monthly herbicide treatment events. This contract will include vegetation removal efforts and monthly herbicide treatments to keep emergent growth from returning.
The application of herbicide will be in strict compliance with California Department of Pesticide Regulation (http://www.cdpr.ca.gov/) regulations. The Contractor will supply a pesticide recommended by a California licensed Pest Control Advisor (PCA). Applications will be made by qualified applicators (QAL), Category F (Aquatic). Herbicides are only applied during low wind events on the WPCP return channel and pond levee roadsides only. There is no spraying adjacent to the Bay, Fish and Wildlife or Property of the US waters.
An Invitation for Bids (IFB) was advertised for competitive bidding on the City’s DemandStar public procurement network on November 6, 2024, and sent directly to three local vendors. A sealed bid was opened on December 4, 2024, with one responsive bid received. McNabb Construction, Inc. dba DK Environmental submitted the lowest responsive and responsible bid in the amount of $396,438, as shown on the Bid Summary in Attachment 1 to the report.
FISCAL IMPACT
Sufficient budget is available in Project 831730 - WPCP Oxidation Pond Levee Rehabilitation. The project budget financial 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 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.
RECOMMENDATION
Recommendation
Take the following actions:
- Award a contract to McNabb Construction, Inc. dba DK Environmental in an amount of $396,438 for on-call maintenance of vegetation at the WPCP oxidation ponds for a one-year term in substantially the same form as Attachment 2 to the report;
- Authorize the City Manager to execute the contract when all necessary conditions have been met;
- Authorize the City Manager to renew the contract for up to three additional one-year periods; and
- Authorize the City Manager to increase the compensation in future renewals subject to budget availability and if service and pricing remain favorable to the City.
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: Dennis Jaw, Acting Director of Finance
Reviewed by: Ramana Chinnakotla, Director of Environmental Services
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Bid Summary
2. Draft Services Agreement
3. 831730 - WPCP Oxidation Pond Levee Rehabilitation