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CC Resolution 13269 - Consultant Services Agreement with Mithun Inc. for the Completion of the Hamilton Avenue Public Improvement Plan RESOLUTION NO. 13269 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A CONTRACT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSULTANT SERVICES AGREEMENT WITH MITHUN INC. FOR THE COMPLETION OF THE HAMILTON AVENUE PUBLIC IMPROVEMENT PLAN AND INITIATING A CORRESPONDING BUDGET ADJUSTMENT. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. The City Council finds as follows with regard to awarding a contract and authorizing the City Manager to execute a consultant services agreement with Mithun Inc. for the completion of the Hamilton Avenue Public Improvement Plan and initiating a corresponding budget adjustment: WHEREAS, as part of the 2040 General Plan update, the Hamilton Avenue/ Highway 17 interchange was identified for transportation improvements, gateway enhancements, and transit-oriented housing. In support of this goal, the General Plan included an action calling for the preparation and adoption of a Precise Plan for the Hamilton Avenue area; WHEREAS, in 2023, the city secured a $400,000 Priority Development Area (PDA) grant from the Metropolitan Planning Commission (MTC) and initiated a procurement process for consultant services for development of a plan for Hamilton Avenue consistent with the goals and actions of the General Plan; WHEREAS, the technical and professional qualifications required were based solely on the needs of the project, with clear, objective, and transparent criteria; WHEREAS, in accordance with Campbell Municipal Code ("CMC") Section 3.20.091 (Request for proposals (RFP)), the bidding procedures specified in CMC 3.20.050 (Formal contract procedure) may be dispensed with for the purchases of supplies and services that are technical in nature; WHEREAS, on September 19, 2023, the City Council adopted a Resolution accepting a Priority Development Area (PDA) grant from the Metropolitan Transportation Commission (MTC) to fund the development of the Hamilton Avenue Precise Plan, approving a Master Funding Agreement with MTC, and authorizing the City Manager to execute the agreement and related supplements, and approving the release of a Request for Proposals (RFP) for related consultant services finding the services required to be technical in nature; WHEREAS, the City circulated an RFP for the preparation of the Hamilton Avenue Public Improvement Plan from December 20, 2024 to February 14, 2025; City Council Resolution No. 13269 Page 2 of 3 Awarding a Contract, Authorizing a Consultant Services Agreement, Initiating Budget Adjustment WHEREAS, the solicitation provided potential bidders with adequate time and opportunity to respond; WHEREAS, no excessive requirements (such as unnecessary experience levels, qualifications, or proprietary specifications)were imposed, ensuring that all qualified firms had a reasonable opportunity to participate; WHEREAS, the City has abided by all requirements of Campbell Municipal Code,("CMC") Section 3.20.091 (Request for proposals (RFP) and the grant in the procurement of services; WHEREAS, while the $400,000 in grant funding is expected to fully fund the base service agreement, to ensure flexibility, staff has requested establishing a to cover the costs of the staff has recommended establishing a $50,000 contingency fund to cover unforeseen project needs that may arise during plan development; WHEREAS, City Council award of the contract does not guarantee a commitment to services which remains subject to successful negotiations, execution of a consultant. services agreement by the City Manager, and obtaining all necessary approvals from relevant state and federal agencies (e.g., MTC/ABAG, Caltrans); WHEREAS, approval of the attached Request for Budget Adjustments form shown as Exhibit A to this resolution is necessary to encumber funds required for the project, which will be offset by revenue from the grant, and separately reduce the amount set aside as a contingency fund to cover unforeseen project needs that may arise during plan development. THEREFORE, BE IT RESOLVED that the City Council hereby approves a contract and authorizes the City Manager to execute a consultant services agreement with Mithun Inc. for the completion of the Hamilton Avenue Public Improvement Plan and authorizing a corresponding budget adjustment to establish a contingency fund for the project as set forth in Exhibit A. PASSED AND ADOPTED this 18th day of March 2025, by the following roll call vote: AYES: Councilmembers: Bybee, Hines, Scozzola, Furtado, Lopez NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None APPROVED: Sergio Lopez, Mayor ATTEST: 649a Andrea Sande , City Clerk Exhibit A City of Campbell Request for Budget Adjustments Department/Program Division Date Request No. Community Developoment 552-Policy Development March 18,2025 BA-18 Budget to be Reduced Fund/Program Account`umber Description Amount 101.552 7430 Professional Services- Contigency`Reduction S 50,000.00 Budget to be Increased Fund/Program Account Number Description Amount EYPENDITtRES 101.552 7430 Professional Services- Contract Award for Hamilton Ave Public S 400,000.00 [Improvement Plan REVENUE 101.552 4523 Other Grants-Priority Development Area(PDA)Grant from MTC 400,000.00 REASON FOR REQUEST-BE SPECIFIC: Appropriate S400,000 towards 101.5 2.7430(Policy Development-Professional Services)for the contract award,which is funded frilly by the Priority-Development Area(PDA)rant from NITC. Furthermore,reduce the necessary-contingency by S50,000' (from S100,000 in the the FY:2025,Adopted Operating Budget to$50,000): Will Fuentes Rob Eastwood Brian Lowenthal Finance Director Community Developoment Director City Manager