REPORT TO COUNCIL
SUBJECT
Title
Award of Consultant Services Agreement with a Contract Amount Not-to-Exceed $388,240 to Kitchell CEM, Inc. for the Senior Center Building Rehabilitation Project (F24-157) and Find the Project is Exempt from the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15301 and 15302
Report
STAFF RECOMMENDATION
Recommendation
Take the following actions:
- Award a Consultant Services Agreement is substantially the same form as Attachment 1 to the report in an amount not-to-exceed $388,240 to Kitchell CEM, Inc. of Sacramento;
- Approve a 10% contingency in the amount of $38,824;
- Authorize the City Manager to execute the contract when all necessary conditions have been met; and
- Find the project exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 and 15302.
Report
BASIS FOR RECOMMENDATION
A request for proposals (RFP) for design and construction support for the heating, ventilation and air conditioning system, electrical and fire code upgrades, potential flat roof replacement and other improvements at the Senior Center as part of the Senior Center Building Rehabilitation Project was posted on DemandStar on April 9, 2024, and distributed to multiple California firms. Eight (8) proposals were received on May 14, 2024. Kitchell CEM, Inc. was selected as the highest-ranked proposer. A detailed scope of work is included in Attachment 1 to this report.
ENVIRONMENTAL REVIEW
This project is exempt under the California Environmental Quality Act (CEQA) pursuant to the Class 1 and Class 2 CEQA exemptions (CEQA Guidelines Section 15301 and 15302) for minor alterations, repairs, maintenance, replacement and reconstruction of existing facilities and equipment involving negligible or no expansion of use beyond that which presently exists.
FISCAL IMPACT
Funding for this project is available in Project 818600 - Senior Center Buildings- Rehabilitation. A project budget financial summary is included as Attachment 2 to this report. Funding for recreation facility renovation is provided by the Park Dedication 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
_x_ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ 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, Interim Director of Finance
Reviewed by: Chip Taylor, Director of Public Works
Reviewed by: Jaqui Guzmán, Deputy City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Draft Consultant Service Agreement
2. Budget Summary Sheet 818600 - Senior Center Builds - Rehabilitation