REPORT TO COUNCIL
SUBJECT
Title
Award Three On-Call Service Contracts for Levee Maintenance and Emergency Repair Services to: (1) Brannon Corporation, Not-to-Exceed $800,000; (2) Dirt Market, LLC, Not-to-Exceed $400,000; and (3) McNabb Construction Inc. dba DK Environmental, Not-to-Exceed $600,000 (F25-120)
Report
REPORT IN BRIEF
Approval is requested to award three contracts to provide on-call services for levee maintenance and emergency repairs for the Department of Environmental Services (ESD) for an initial one-year period to each of the following firms and amounts: Brannon Corporation of Morgan Hill, CA in a not-to-exceed amount of $800,000, DirtMarket LLC of San Jose, CA in a not-to-exceed amount of $400,000, and McNabb Construction dba DK Environmental of Lafayette, CA in a not-to-exceed amount of $600,000. Approval is also requested to authorize the City Manager to increase the not-to-exceed amounts and to renew the contracts, for up to three additional one-year periods, with both actions subject to budget availability.
EXISTING POLICY
Pursuant to Chapter 2.08 of the Sunnyvale Municipal Code, contracts for this type of service are awarded pursuant to a Request for Proposals (RFP) best value process, unless otherwise exempt from the competitive bidding process. Additionally, City Council approval is required for the procurement of goods and/or services exceeding $250,000 in any one transaction.
ENVIRONMENTAL REVIEW
This project is exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 (Existing Facilities), 15304 (Minor Alterations to Land) and 15269 (Emergency Projects). Under the proposed contracts, the work involves the maintenance, repair, or minor alteration of an existing facility involving negligible or no expansion of use beyond that which presently exists, minor public alterations in the condition of land, water, and/or vegetation without removal of healthy, mature, scenic trees, and/or emergency repairs to publicly owned service facilities necessary to maintain service essential to the public health, safety or welfare.
BACKGROUND AND DISCUSSION
The oxidation ponds are an integral component of the secondary treatment process at the Water Pollution Control Plant. During this process, the ponds are utilized to effectively remove soluble organic material, suspended solids, and ammonia inherent to wastewater upon which strict discharge limitations have been placed by the Regional Water Quality Control Board. The oxidation ponds are contained by approximately eight miles of earthen levees formed by clamshell dredging and compaction.
The Operation and Maintenance Manual of Oxidation Pond Levees in conjunction with the City’s Levee Asset Management Plan identified and ranked various deficiencies found throughout the ponds levee network. These contracts will address identified maintenance needs along with routine and if needed emergency repairs.
A Request for Qualifications process was utilized to solicit Statement of Qualifications (SOQ) submittals from qualified consultants for on-call services for levee maintenance and emergency repairs. The Request for Qualifications was advertised on the City’s DemandStar public procurement network on November 21, 2024, with seven consultants requesting bid documents. Three responsive SOQs were received on December 16, 2024, from Brannon Corporation; DirtMarket, LLC; and McNabb Construction dba DK Environmental.
The SOQs were reviewed and ranked by an evaluation team consisting of Environmental Services staff. The SOQs were evaluated on their qualifications, experience and the potential staff that may assist with projects. All three firms were deemed to have the necessary qualifications.
Staff is recommending an initial one-year term for the contracts, with the option to extend for up to three additional one-year periods depending on need, pricing, service and available funding. Contract values were determined based on the needs and the proposers’ capabilities.
FISCAL IMPACT
Funding is available under Project 831730 - WPCP Oxidation Pond Levee Rehabilitation in the Wastewater Management Fund. A budget financial summary is attached as Attachment 4 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 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 three one-year on-call surveying support services contracts in substantially the same form as Attachment 1, 2 and 3 to the report to: Brannon Corporation of Morgan Hill, CA in a not-to-exceed amount of $800,000, DirtMarket LLC of San Jose, CA in a not-to-exceed amount of $400,000, and McNabb Construction dba DK Environmental of Lafayette, CA in a not to exceed amount of $600,000;
- Authorize the City Manager to execute the contracts when all necessary conditions have been met;
- Authorize the City Manager to execute amendments to any or all the contracts to extend the term for up to three additional one-year periods based upon available funding, need, pricing, and service; to increase the maximum compensation subject to budget availability and authorization; and to modify the compensations schedule subject to negotiated pricing; and
- Find the proposed actions to be exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 (Existing Facilities), 15304 (Minor Alterations to Land) and 15269 (Emergency Projects).
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
_x_ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ 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, Director of Environmental Services
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Draft On-Call Services Agreement - Brannon Corporation
2. Draft On-Call Services Agreement - Dirt Market, LLC
3. Draft On-Call Services Agreement - McNabb Corporation
4. Project 831730 Summary