REPORT TO COUNCIL
SUBJECT
Title
Authorize the Issuance of a Purchase Order to Nixon-Egli Equipment Company, Inc. in the Amount of $302,548.74 for One (1) Leeboy Asphalt Paver (F25-095)
Report
STAFF RECOMMENDATION
Recommendation
Authorize the issuance of a Purchase Order in the amount of $302,548.74 (including tire, delivery fees, and sales tax) for one (1) Leeboy Asphalt Paver to Nixon-Egli Equipment Company, Inc. of Tracy, CA.
Report
BASIS FOR RECOMMENDATION
The current asphalt paver, purchased in 2013, is overdue for replacement. This equipment is critical for the City’s annual asphalt maintenance program. Recently, the paver has experienced multiple component and parts failures, leading to expensive repairs and maintenance delays in the crew's ability to finish projects on time. Staff recommends replacing the existing paver with the Leeboy asphalt paver, which offers enhanced safety features and improved technology to boost production.
The pricing for this purchase originates from a Sourcewell cooperative purchasing contract (No. 060122-VTL), and is available through an authorized dealer, Nixon-Egli Equipment Company, Inc. The City regularly purchases fleet vehicles and equipment through cooperative purchasing agreements or through a California Statewide Commodity Contract. Sourcewell is a cooperative procurement organization whose cooperative contracts are available and open to all public and nonprofit entities in the United States and Canada.
The City has used Sourcewell cooperative agreements to identify vendors and purchase vehicles and equipment, typically realizing better pricing and value than traditionally bidding these types of goods/services individually. The equipment meets the City’s requirements and is available through the Sourcewell cooperative purchasing contract until August 1, 2026. (Attachment 1 to the report)
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
Budgeted funds for equipment replacement are available under Project P20700 - Fleet Equipment in Fund 7021 - Fleet Services Internal Service sub-fund.
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
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
___ 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: Chip Taylor, Director of Public Works
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Sourcewell Contract No. 060122-VTL
2. Quote for Leeboy 9520C Asphalt Paver, dated July 18, 2024