Mountain View Whisman School District
Agenda Item for Board Meeting of 12/14/2020
Agenda Category: CONSENT AGENDA
Agenda Item Title: Approval of a Renewed Contract with Quattrocchi Kwok Architects, Inc., in the Form of an Addendum to the Previous Agreement for Architectural Services for the Mistral Elementary School, Phase 4, Increment 3 Administration Renovation Project
Estimated Time:
Person Responsible: Rebecca Westover, Ed.D., Chief Business Officer
Background:
On April 29, 2015, the District approved an Agreement for Architectural Services with Quattrocchi Kwok Architects, Inc. (QKA) to design what was then identified as the Castro Elementary School Modernization and New Construction Project (Project). QKA fully designed the Project and the Division of the State Architect (DSA) approved QKA’s design and construction documents. The District suspended the Project at that time, but the District is now funding the Project with Measure T funds and is moving forward with the Project.
The District has determined that even though QKA is not currently in the pool of architects for Measure T, QKA is the best architect to perform the construction administration of the DSA-approved plans that QKA already designed for the Project. This is because using QKA is to the District’s advantage and soliciting proposals from other architects would not serve the purpose of competitive solicitation. In addition, any other architect firm would be unwilling (without a very high fee and a release of liability) to administer the construction of a design it did not prepare.
Rationale:
Generally, California school districts must utilize a “fair, competitive selection process” when selecting an architect, which is done through a request for proposals (Gov. Code § 4529.12). California law provides an exception to procurement processes when it is futile to do so. ("Where competitive proposals work an incongruity and are unavailing as affecting the final result or where they do not produce any advantage . . . the statute requiring competitive bidding does not apply" (Hiller v. City of Los Angeles (1961) 197 Cal.App.2d 685, 694).) Public entities need not comply with competitive bidding processes where to do so would be impractical or futile and would not serve the purposes of competitive bidding. (Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631.). Therefore, the District is permitted to approve a renewed contract with QKA in the form of an Addendum to the Agreement, without soliciting proposals from other architect firms.
Fiscal Implication:
$214,500
Recommended Action:
It is recommended the Board of Trustees approve a renewed contract with Quattrocchi Kwok Architects, Inc., in the form of the Addendum to the Agreement for Architectural Services for the Mistral Elementary School, Phase 4, Increment 3 Administration Renovation Project.
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