REPORT TO COUNCIL
SUBJECT
Title
Authorize the Issuance of a Consultant Services Agreement to Brad Cox, Architect, Inc. in the Total Amount of $275,255 for Design and Construction Support Services for Park Buildings Rehabilitation (Braly & Fairwood Park) (F25-269)
Report
REPORT IN BRIEF
Approval is requested to award a Consultant Services Agreement in the amount of $275,255 to Brad Cox, Architect, Inc of San Jose for design and construction support services of Park Buildings Rehabilitation (Braly & Fairwood Park). The contract amount of $275,255 includes an amount of $233,671 for required services as well as $41,584 for optional services. Approval is also requested for a 10% design contingency in the amount of $27,525.
EXISTING POLICY
Pursuant to Chapter 2.08.070 of the Sunnyvale Municipal Code, where competitive bids or proposals have been solicited and no bid or proposal has been received. In such a situation the city manager may proceed to have the services performed or the goods procured without further competitive bidding. Additionally, City Council approval is required for the procurement of goods and/or services exceeding $250,000 in any one transaction.
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(b) 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.
BACKGROUND AND DISCUSSION
On October 11, 2024, a Request for Proposal (RFP) was issued on DemandStar and distributed to six invited proposers. However, no responses were received by the proposal deadline of November 6, 2024. In accordance with Sunnyvale Municipal Code Section 2.08.070(b)(14), the Department of Public Works initiated negotiations with one of the invited firms, Brad Cox, Architect, Inc.
Following these negotiations, staff recommends awarding a contract to Brad Cox, Architect, Inc. in the amount of $275,255. Additionally, a contingency of $27,525 is requested to account for unforeseen project needs.
Brad Cox, Architect, Inc. has demonstrated extensive experience and expertise relevant to the project. The firm’s proposal reflects a strong understanding of project requirements, and the City has successfully worked with Brad Cox, Architect, Inc. on similar projects. The project scope consists of building renovations at Braly Park and the replacement of Fairwood Park restroom buildings.
FISCAL IMPACT
Funding for this project is available in Project 818550 - Park Buildings Rehabilitation. A project financial summary is included as Attachment 2 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 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 to Brad Cox, Architect, Inc. in the amount of $275,255 in substantially the same form as Attachment 1 to the report;
- Authorize the City Manager to execute the contract when all necessary conditions have been met; and
- Approve a 10% contingency in the amount of $27,525.
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: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Draft Consultant Services Agreement
2. Project 818550 - Park Buildings Rehabilitation