CC Resolution 11193RDA RESOLUTION No. x010-8
RESOLUTION NO. 11193
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AND
THE CAMPBELL REDEVELOPMENT AGENCY
APPROVING THE CONCEPTUAL DESIGN FOR THE ORCHARD CITY BANQUET
HALL WINCHESTER PLAZA AND ENTRYWAY, AUTHORIZING THE PUBLIC
WORKS DIRECTOR TO EXECUTE AN AMENDMENT TO THE CONSULTANT
SERVICES AGREEMENT WITH MPA DESIGN FOR FINAL DESIGN SERVICES,
ADOPTING THE ATTACHED FINDINGS AUTHORIZING THE PUBLIC WORKS
DIRECTOR TO NEGOTIATE AND EXECUTE A CONSTRUCTION CONTRACT
CHANGE ORDER WITH KUEHNE CONSTRUCTION, AND AUTHORIZING A
FUTURE BUDGET ADJUSTMENT
WHEREAS, on October 6, 2009, the Campbell City Council authorized the solicitation of
landscape architectural services for the development of a conceptual plan for
improvements to the Orchard City Banquet Hall (OCBH) Plaza and Entryway; and
WHEREAS, the firm of MPA Design was selected to complete the conceptual design
process; and
WHEREAS, a final conceptual design has been prepared; and
WHEREAS, the final design for the OCBH Winchester Plaza and Entryway would most
appropriately be completed by MPA Design; and
WHEREAS, the inclusion of a portion of the conceptual design, identified as the OCBH
Winchester Plaza and Entryway Improvements, would most economically and
appropriately be constructed as an integral part of the work involved in the larger OCBH
Renovation Project in order to avoid compromising the work structurally and
aesthetically; and
WHEREAS a public competitive bid process for the OCBH Winchester Plaza and
Entryway Improvements would not result in the most beneficial means to complete
project work as coordinating two contractors in the same area on essentially the same
item of work would create coordination problems and increase the potential for
construction claims, increased project costs and delays to the opening of OCBH; and
WHEREAS, the additional work for the OCBH Winchester Plaza and Entryway
Improvements could be added through a negotiated contract change order with the
current OCBH Renovation Project contractor, Kuehne Construction; and
WHEREAS, the existing project budget is not sufficient to allow the additional contract
expenditures for the completion of the Winchester Plaza and Entryway Improvements;
and
WHEREAS, additional funding sources totaling $266,000 have been identified as
available for use to complete the design and construction of the Winchester Plaza and
Entryway Improvements.
NOW, THEREFORE, BE IT RESOLVED that based on the foregoing, the City Council
further finds and concludes that:
1. The nature of the subject of the OCBH Winchester Plaza and Entryway
Improvements is such that competitive proposals would be unavailing
or would not produce an advantage, and the advertisement for
competitive bid would thus be undesirable, impractical, or impossible.
2. Competitive proposals would work an incongruity and would
be unavailing as affecting the final result.
3. It is practically impossible to obtain what is required and to observe the
competitive bidding process.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Campbell does hereby approve the conceptual design for Orchard City Banquet Hall
(OCBH) Winchester Plaza and Entryway; authorizes the Public Works Director to
execute an amendment to the consultant services agreement with MPA Design for
design services for the OCBH Plaza and Entryway in an amount not to exceed $45,000;
authorizes the Public Works Director to negotiate a construction contract change order
with Kuehne Construction in an amount not to exceed $370,000 for construction of the
OCBH Plaza and Entryway Improvements; and that the City Council of the City of
Campbell and the Campbell Redevelopment Agency authorizes, as necessary, a future
budget adjustment in the amount not to exceed $266,000.
PASSED AND ADOPTED this 6th day of July, 2010 by the following roll call vote:
AYES: Council/Agency Board Members: xotowski, Kennedy, Furtaao, Baker, Low
NOES: Council/Agency Board Members: None
ABSENT: Council/Agency Board Members: None
APPROVED:
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E n D. Low, Mayor Chairperson
ATTEST:
Anne Bybee, City Clerk