REPORT TO COUNCIL
SUBJECT
Title
Award of Contract to YEI Engineers, Inc. in the Amount of $489,474 for Design and Construction Support Services for Emergency Generator & Electrical Upgrade at Four Fire Stations and Approval of Budget Modification No. 2 in the Amount of $60,000 (F24-056)
Report
REPORT IN BRIEF
Approval is requested to award a contract in the amount of $489,474 ($429,954 for base services and $59,520 for optional services relating to panelboard replacement) and a 10% contingency in the amount of $48,947 to YEI Engineers, Inc. for design and construction support services for Emergency Generator & Electrical Upgrade at Four Fire Stations. Approval is also requested for Budget Modification No. 2 in the amount of $60,000 for additional funding for this project.
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 award is for the design phase and construction support services; therefore, 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.
As part of the contract, the consultant will be preparing a memorandum of determination of any CEQA needs, as well as CEQA exemption documentation, as appropriate. Based on the consultant’s memorandum, staff will determine the appropriate level of environmental review and will present the appropriate CEQA analysis and findings at time of construction award. Staff anticipates that the project will be exempt from CEQA pursuant to CEQA Guidelines 15302(c) which applies to the replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity.
BACKGROUND AND DISCUSSION
Existing emergency generators and various electrical systems at Fire Stations Nos. 1, 3, 4 and 6 have been identified for replacement due to aging equipment. Existing emergency generators at the four fire stations have been in service for approximately 31 years. They have become unreliable in the event of a power outage. Similarly, various electrical systems within the stations, including the main electrical breakers, ring down system, panel boards, and associated components are also beyond their useful life and require replacement.
The generator at the Sunnyvale Public Library was installed in 1985 and has also reached the end of its useful life. Replacement of the library generator is mentioned as an optional scope of work in the attached Draft Consultant Services Agreement (Attachment 1 to this report); however, after negotiating with the consultant, this optional service will not be included in the design contract. Since the main library may be replaced in the next few years if the 2024 Library Bond Measure passes, staff is exploring cost effective alternatives to replacing the generator at the Library. An existing on-call consultant contract will likely be used to design installation of a quick-connect camlock cabinet that will allow a portable generator to be connected to the building should there be a failure of both the PG&E service and the existing generator. Should the bond measure not be successful, staff will add a capital improvement project during this upcoming capital budget cycle for replacement of the existing generator.
The City publicly advertised a request for proposal (RFP) on DemandStar on November 3, 2023, with four proposals submitted to the City on December 5, 2023. The proposals were reviewed by an evaluation team consisting of Public Works staff. The firms were evaluated on qualifications, experience, project overview, project approach, and innovation. Following the proposal evaluation process, three teams were invited to provide a presentation during a formal interview. Following the interview and deliberation, the City agreed that YEI Engineers, Inc. team was well positioned to provide the necessary services. City staff is confident that the team has relevant experience and a good grasp and understanding of the project. Following the interview, the City engaged in a scope of works and fee negotiation with YEI’s team for a final negotiated cost of $489,474 for base and optional services.
Some existing electrical sub-panels in the fire stations that were not included in the initial scope of work or budget for the project are now in need of replacement and identified as required with the base scope. The design fee for this work is $60,000 above the approved design budget and requires a budget modification to reappropriate funds allocated in FY 2025/26. Further changes to the construction budget for this project will be requested through the FY 2025/26 capital budget cycle.
FISCAL IMPACT
Budget for this project in the amount of $478,908 is available in Fiscal Year 2024/25 in Project 829140 - Fire Station Electrical System and Generator Replacement, previously identified in the adopted budget as Fire Station Electrical Systems and Roll Up Door Replacement.
Budget Modification No. 2 has been prepared to reappropriate $60,000 from the planned FY 2025/26 project budget to the current FY 2024/25 project budget for project 829140.
|
FY 2024/25 Budget Modification No. 2 |
|
|
Current |
Increase/(Decrease) |
Revised |
|
General Fund |
|
|
|
|
Project 829140 - Fire Station Electrical System and Generator Replacement (FY 2024/25) |
$478,908 |
$60,000 |
$538,908 |
|
Project 829140 - Fire Station Electrical System and Generator Replacement (FY 2025/26 appropriation) |
$575,000 |
($60,000) |
$515,000 |
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 Consultant Services Agreement in an amount not-to-exceed $489,474 in substantially the same form as Attachment 1 to the report, to YEI Engineers, Inc. of Oakland, CA;
- Approve a 10% contingency in the amount of $48,947;
- Authorize the City Manager to execute the contract when all necessary conditions have been met; and
- Approve Budget Modification No. 2 in the amount of $60,000.
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
A check or “Y” 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
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, Interim City Manager
ATTACHMENTS
1. Draft Consultant Services Agreement
2. Project 829140 - Fire Station Electrical System and Generator Replacement